July 11, 2023 Violating Employment Laws

How to know if an employer or an employee violating employment laws.

Most employees, rightly or erroneously, think that their employers understand employment laws. In actuality, however, thousands of businesses violate labor and pay wage laws every day. Finally, it is up to you, the worker, to ensure that your rights are not violated.

Some companies do it on purpose, withholding earned salaries to save money or discriminating against staff members based on genuine prejudice. Other businesses make blunders, inadvertently infringing on their employees’ rights and breaking federal laws.

In employment law, intentions are irrelevant; breaching the law is simply breaking the law. According to Hayber, McKenna, & Dinsmore, you should be aware of the situations through which an employer can breach employment laws. Keep reading to know about them.

When the employer doesn’t pay the minimum salary of the employee

The federal minimum wage in the United States is $7.25 per hour. A number of states require higher rates, and workers are entitled to a greater wage.

Minimum wage violations are most common among tipped employees.

Workers who earn more than $30 per month in tips are entitled to a cash payment of at least $2.13 per hour, according to labor laws. If your rights are breached, it is your responsibility to ensure that your compensation reaches or surpasses the legal minimum. This is to say, your employer is unlikely to notify you if your pay during a given month of work does not satisfy the statutory minimum wage.

When the employer engages in misclassification of employees

According to the US Department of Labor, another widespread infraction of employment rules across states is employee misclassification.

Businesses have increasingly used independent contractors in recent years, yet they are still treated as legitimate employees. Companies have a significant incentive to engage in illegal activities because they do not have to pay payroll taxes, overtime compensation, or provide benefits to independent contractors.

However, if your employer dictates when, where, and how you work, labor regulations will most likely classify you as an employee rather than a contractor. That means you should be paid the minimum salary as well as overtime.

When the employee deducts portions from wages illegally

Many wage deductions are legal, however, others may surprise you.

Employers in most states are permitted to deduct money from your salary to cover workplace property damage, cash register shortages, necessary job attire, and tools. However, these reductions can never bring your pay below the minimum wage. That would be a violation of labor regulations and hence considered illegal.

In some situations, workplace rules require that any pay deduction be addressed with you in advance. Furthermore, if you qualified for overtime pay during a work week, employers must obtain your consent before using any portion of your wages to compensate for a financial shortage or property damage.

Many businesses attempt to regulate what employees can say on social media, but the National Labor Relations Board has consistently determined that these tactics to limit employee speech violate workers’ rights. Employee talks, particularly unfavorable ones, are critical for workers who wish to work together to reform unjust or dangerous working circumstances.

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