Many employers do not pay employees properly. In most years, the Department of Labor receives approximately 35,000 complaints from employees about unpaid wages or benefits. These are some tips to make sure you are being paid properly.

1. Keep a record of your hours independent of those that your employer may keep. Many employers fail to have adequate record keeping systems so it is often your word against the employer’s word; and you are given the benefit of the doubt.

1. If the Company has a policy and procedure manual, review it and keep it in a safe place at your home or office. Read what it says about hours and overtime pay. If your Company is not following its own policy, talk to someone at HR about it. For example, some companies have a policy that overtime must be authorized by a supervisor. If you are working overtime without authorization, you may not be able to enforce your claim.

1. If your Company routinely assigns overtime work and you want it but do not receive it very often, make notes about who gets the overtime. This could be the basis for a discrimination complaint if, for example, overtime is only given to white males and the workforce is more diverse.

1. If you are paid more than $455 per week and not paid overtime for work over 40 hours per week, your job duties may not qualify your employer to exempt you from overtime. There are a number of exemptions to overtime laws for executives, administrators, or professionals, however it makes sense to find out if you have been properly classified. For example, if you have no hiring or firing authority, if you do not supervise two or more employees or if you have no authority to make independent decisions that affect the management of the company you are working for, you may not be exempt no matter what title your employer gives you. “Executive Administrative Assistant” does not mean you are an exempt employee if your job duties are limited to answering phones, typing letters and ordering office supplies.

1. Do not wait to make a claim once you believe you are not being paid properly. In most cases, overtime wages can be recouped for two years. In cases where the employer can be shown to have known he was not paying his employees correctly and was doing it anyway, you may be able to go back three years. But do not wait more than two years since your claim may be lost. As soon as you become aware that you are not being properly paid you should tell your employer. If he does not remedy the problem or if he gives you an explanation that you do not believe is accurate you should consult with an attorney.

1. If you complain, do it in writing. Write an email or a memo or a letter to your employer and date it. If it is dated or time stamped there is no way the employer can later claim he was not aware of the claim.

1. Do not be arrogant or confrontational or make threats about filing a lawsuit if you make a claim. If the employer is sophisticated he will generally know what will happen if he fails to remedy the problem. If the employer genuinely believes, for example, that you are exempt, he should look into your claim, consult his lawyer and get back to you with an explanation. If you are not satisfied with his explanation, consult with your own lawyer. Not all cases of exempt employees are black and white.

1. If your employer changes your job duties to include supervision of two or more employees or otherwise tries to make you an exempt employee after you have complained, you should let him know that you are still entitled to past overtime wages for the period you were misclassified.

1. If all else fails, sue your employer if he refuses to pay you properly or if he terminates you. Retaliation is unlawful and will entitle you to a variety of damages in addition to your overtime wages. You do not have to bring your claim to the Department of Labor or to the EEOC. You can go straight to court.

1. Before you consult with an attorney, collect all your papers and made a detailed list of the hours worked in each week in which you claim you are entitled to overtime pay.

If you would like to know more about unpaid wages or overtime pay you can visit http://www.employmentlawyersflorida.com/ for more information. If you are in Florida you can visit the Law office of Constantine W. Papas, P.A. in Tampa.

Article Source: http://EzineArticles.com/?expert=David_Fraas
http://EzineArticles.com/?An-Employees-Guide-to-Overtime-Wage-Claims&id=6828993

Minimum Wage Requirements for Tipped Workers

By James Witherspoon

The Fair Labor Standards Act requires employers to pay their workers at least the federally-mandated minimum wage, currently set at $7.25 per hour. In some states, restaurants and other tipping establishments are allowed to pay their tipped employees a lower hourly wage of $2.13 per hour, since tips from customers are counted as wages. However, if the employee makes less than the minimum required wage after combining hourly wages and tips, the employer is responsible for paying the difference.

The FLSA includes a range of stipulations regarding fair wages tipped employees, such as:

• If a tipped employee earns less than minimum federal wage after tips and hourly wages are combined, the employer must pay the difference so that the worker makes at least minimum wage.
• If an employee works in both a tipping and a non-tipping position, the employer must pay the worker the federal minimum wage for the hours worked in the non-tipping position.
• Tips are the sole property of the tipped employee. If the employer claims any part of the tip, they may not claim tip credit and are entitled to pay employees the full minimum federal wage.
• If a restaurant adds a compulsory service charge to a bill but the worker receives no tips, the employer must pay the worker the federal minimum wage.

Unfortunately, some employers try to cheat their workers and refuse to pay them the wages they are rightfully owed. In these cases, workers have the right to seek legal assistance to help pursue the wages they are rightfully owed and make sure the employer abides by federal laws.

To learn more about fair wages for tipped workers, visit the website of the Austin wage dispute lawyers at Melton & Kumler, LLP.

James Witherspoon

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?Minimum-Wage-Requirements-for-Tipped-Workers&id=5874307

By James Witherspoon

Many people, especially those in the service industry, are the victim of unfair wage practices. Federal law requires that all workers are paid at least minimum wage and are not forced to work more than 40 hours per week without overtime pay. Unfortunately, employees often do not speak up against unfair wages for fear of retaliation from their employers. However, retaliation itself is also illegal under federal employment laws.

Federal Wage and Hour Requirements

The Fair Labor Standards Act requires that employees be paid fairly for the work they perform. The Act states that:

• Employees must be paid at least the federal minimum wage. The current rate is $7.25 an hour. (If your state has a higher state-wide minimum wage, your employer must offer you that wage rather than the lower federal minimum wage.)
• Employees must be paid one and one half times their hourly wage for overtime work, which includes any work past 40 hours per week.

Workers must be paid for their job-related activities performed before or after a shift ends, as well as for travel time between job sites.

Workplace Retaliation

When employers fail to pay their workers fairly, workers have a legal right to report the unfair practices. Sadly, sometimes bringing attention to an employer’s illegal practices causes the employer to retaliate by punishing or firing the employee. Therefore, many wage and overtime violations go unreported and employees are cheated out of the money they have rightfully earned and are owed.

However, federal employment law also prohibits employers from taking retaliatory action against employers who report violations. This means that it is illegal for employers to fire, demote, or otherwise punish workers for speaking up against unfair wages and requesting the money they are owed.

To learn more about retaliation and discriminatory workplace practices, visit the website of the Austin retaliation attorneys of Melton & Kumler, LLP.

James Witherspoon

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?Workplace-Retaliation-After-Reporting-Unfair-Wages&id=5852557

In every nation there is the specified minimum and maximum hour for work. Whenever a person worked more than the maximum amount of time specified he is eligible for a monetary compensation. Whenever, we are talking about overtime basically what we are dealing with is labor law. Labor law is dealt at both federal and state level.

Overtime related rules are the look out of the state government. As a result overtime related rules and regulations vary from state to state. In Florida the minimum wage payment is about $6 per hour. The wage rate is higher compared to the national average. Every year in this state the minimum wage rate is revised and reviewed.

Overtime payment here is one and a half time more than regular pay rate. The precondition is the employee should have worked for more than 40 hours in a given week. A local lawyer will come in handy if you have been discriminated in terms of payment related issues. A Fort Lauderdale employee will consult a local Fort Lauderdale overtime lawyer.

Fair Labor Standards Act (FLSA) has a standard set of guide for calculating overtime payment. As per FLSA standards minimum wage payment along with overtime is set to a minimum of $7.25. In Florida a violation in minimum wage requirement law will result in a fine of $1000 for the employer.

As per regulations employees are sub-categorized into exempt and non-exempt employees. Non-exempt employees are people who have whose companies or business entities falls under Fair Labor Standards Act. The aforesaid government authority (Fair Labor Standards Act) doesn’t control in any manner the beginning and ending of the workweek.

Exempt employees as the very word ‘exempt’ suggests talks about employees who aren’t liable for overtime. This is the type of categorization which is based on the place of work and the job profile.

National Labor Relations Board is the place where you are supposed to lodge your complaint for overtime payment related to issues. You can approach a local office of this department. Complaining about any type of violation is quite easy. You can either email, fax or complaining using online forms, etc.

There is a particular procedure to submit the complaint. If the government authority is unable to solve your problem, contact an overtime lawyer. A Fort Lauderdale overtime lawyer will take care of your issues related to overtime and other labor problems.

Jorjina Davis is a contributor to legal journals offering right help in legal matters, like overtime related issues which falls under the domain of labor law. In case you require Fort Lauderdale overtime lawyer, he would suggest you the website- http://www.markjberkowitz.com which he found to be very insightful, if you have any query about labor laws and issues related to overtime payment.

Article Source: http://EzineArticles.com/?expert=Jorjina_Davis
http://EzineArticles.com/?Labor-Law:-Taking-Care-of-Your-Overtime-Related-Issues&id=5743521

By Tony Faulk

The Fair Labor Standards Act, or FLSA, is a Federal labor law (applies to all States) involving Overtime, Minimum Wages, Child Labor Protections, and the Equal Pay Act.

FLSA Overtime

The FLSA overtime law requires overtime pay (at time and one-half the regular rate) for all “hours worked” over a prescribed “limit” (normally 40 hours per week), for “non-exempt” employees. FLSA overtime cases seek monetary recovery for unpaid or underpaid back wages, plus liquidated damages and attorneys’ fees. Additionally, because FLSA is a Federal Law, there are severe Federal penalties for non-compliance. There’s typically a 4-year Statute of Limitations, that is, an employee may seek all FLSA overtime unreimbursed for up to 4 years back.

Non-Exempt Employee

FLSA overtime laws apply to non-exempt employees. Think of a non-exempt employee as one who uses a time clock to clock in and out for the day and for lunch. They are non-exempt because they CAN earn overtime (not exempt from earning overtime).

Non-Discretionary Bonus

According the FLSA overtime law, non-discretionary bonuses factor into the overtime premium calculation. A non-discretionary bonus is one in which the employee can “change their stars”. In other words, the employee can do something to earn that bonus, like pick more orders, etc. They are typically incentive-based bonuses. These non-discretionary bonus (as opposed to a Christmas bonus which is given to all employees and is discretionary).

How to Calculate FLSA Overtime Pay

In this example, we’ll assume an employee earned the following:

• 30 Regular Hours $10/Hour $300
• 10 Regular Hours $12/Hour $120
• 5 Overtime Hours $15/Hour $75
• $100 Incentive Bonus $100
• $100 Incorrect Pay Total Pay $595

Unfortunately, that is dead wrong and even if you make a $5 mistake, you will end up paying nearly $5,000 in fines per employee and those are just the Federal fees. There will also be state fees, compensatory damages and attorney fees. The Correct Way to Pay This is:

• Hours Rate Total 30 Regular Hours $10/Hour $300
• 10 Regular Hours $12/Hour $120
• 5 Overtime Hours $15/Hour $75
• $100 Incentive Bonus $100
• $100 FLSA Overtime Premium $6.68
• Correct Pay Total Pay $601.68

Let me show you the math. The regular and overtime hours are calculated normally. But then to calculate the proper FMLA Overtime Premium, we need to take it a step further. We first add up all of the regular wages and any non-discretionary bonus.

So for that, we have $570. That’s $300 + $120 + $50 (5 x $10, not 5 x $15, we want the straight time of the overtime wages) + $100.

We then take the $570 and divide it by the total hours worked, which is 45 and get $12.67.

And that’s our FLSA Premium Regular Rate.

Ok, now it gets trickier. We’ve already paid the employee for 5 hours overtime at $15, but we haven’t paid the premium. $15 is the overtime rate, but $10 is the regular rate. So now we back out the regular rate off the FLSA Premium Rate, which is $12.67 – $10.00, which nets us $2.67.

We then take the $2.67 x the 5 hours x.5 (only the overtime premium is adjusted). This yields $6.68.

And that tiny little $6.68 underpayment will result in thousands of dollars in fines.

And that’s exactly how to stay out of hot water with the U.S. Department of Labor. Note that there will also be state fines, attorney fees and employer civil liability.

Tony Faulk is an timekeeping and payroll expert with over 20 years of experience and is the Vice President of Product Development for http://www.TurnkeyTime.com, a leading provider of fully integrated time clock (keypad, card swipe, fingerprint and biometric), time & attendance software and payroll solutions. Tony Faulk can be reached at 877-459-TIME.

Article Source: http://EzineArticles.com/?expert=Tony_Faulk
http://EzineArticles.com/?How-to-Properly-Calculate-FLSA-Overtime-Premium-Pay&id=5567166

The minimum wage laws currently in place were developed over a significant period of time. Although they are now widely known by the majority of workers across the country, minimum compensation laws did not become official until the early 20th century after significant labor unrest and political protest. In their current iteration, laws may not be sufficient to cover a worker’s cost of living, but can certainly provide an important foundation of workers’ rights.

Minimum pay laws first developed in the state of Massachusetts. In 1912, the state began to discuss how to implement a minimum pay system to provide workers with better, more stable payment for their labor. Prior to the use of minimum wage laws, workers had few securities in terms of a profitable wage. Instead, their pay could get bogged down in repair costs for broken machinery or medical bills from workplace injuries. With a set wage minimum, workers at least were guaranteed a basic pay that could prove profitable in conjunction with other Fair Labor Standards Act benefits.

In 1938, the first national wage requirement was passed that was not eventually struck down by the courts. Before this law, there was a short-lived minimum pay amount that lasted 1933 to 1935, but was then considered unconstitutional. After 1938, Congress had the power to set a federal minimum, which could be modified to match changes in policy or the inflation of the dollar. Within recent history, the federal minimum wage law was supplemented with a law that permitted states to set their own minimum wages higher than the federal price.

Currently, minimum wage laws differ according to the states. While some have not taken up the government’s invitation to increase their own minimum pay, others have increased their wages significantly. In part, many of these states have changed their minimum to better address their high costs of living.

To learn more about how minimum wage laws work currently, contact an employment attorney.

If you need to settle a wage dispute with an employer, contact the Houston employment lawyers of the Ross Law Group today for more information.

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?The-History-of-Minimum-Wage&id=5573828

The Fair Labor Standards Act provides three major exemptions in terms of overtime pay that permits employers to not give certain employees this additional pay for work performed beyond their regular hours. In particular, managerial staff and administrators are generally considered a part of the administrative exemption, which covers individuals who are usually removed from the actual production of a good or completion of a service. Due to a combination of factors, these workers are not given overtime pay.

When working through whether a person qualifies for an administrative exemption or not, there are some troubling issues that can create confusion. The primary distinction of this specific overtime exemption is the worker’s job description, which must involve completing administrative, not manufacturing, tasks.

Administrative tasks are mainly considered under a few guidelines. One of the most common ways to know whether or not an employee is considered to be working as an administrative worker is to recognize how they contribute to the company or institution. If the person is involved in internal matters and does not deal with the product or service directly, that person may be fulfilling an administrative role.

Additionally, if a person is allowed or required to use their own discretion on projects, they may be considered an administrator. While this normally applies to managers, it may also apply to those workers who do not need larger departments to complete their job, generally working on their own. Usually, if a person is permitted to make policy changes within a company or institution, they are considered to be available for this exemption.

Finally, there are pay standards and special rules for those in academic fields that must be met where applicable. To learn more about this overtime exemption and how the Fair Labor Standards Act applies to managerial positions, contact an employment attorney.

If you feel that an employer has violated your workers’ rights, contact the Houston employment lawyers of the Ross Law Group today for legal advice that could be useful to you.

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?Overtime-Exemptions-for-Administrative-Employees&id=5246878

1. Avert going into the 9 month rule default. – This is the easiest ways by which people fall into default: not paying for nine months. Avoid this by being spendthrift and have enough to pay off your bills and debts. It does entail sacrifice but you would not want garnishments plaguing you, right? The blessings of financial freedom and a peace of mind is truly worth the sacrifices to avoid garnishments of any type.

2. Communicate with your creditors or collecting agency – Do not ignore their mails and calls because you are only asking for more trouble. Shutting off your lines of communication to them is truly wrong and could lead to a default status. If you are already burdened by work, you simply cannot resist the urge to shut off communication from your creditors and their irritating reminders. You certainly will not like the steps your creditors may use if you fail to maintain open communication with them.

3. Never loan yourself out of a garnishment status – Loans and their interests could compound like you wouldn’t expect and the consequences could be very ugly. If you belong to handout generation or those people who ask for loans with no strong intention of ever paying back, then stop. Only Borrow money that you feel you can reasonably pay to stop wage garnishment from occurring. Avoid getting into debts that seem impossible with your pay check, lifestyle and properties can handle.

4. Act now – It is best to act now because a wage garnishment is an alarm signal to your employer. A wage garnishment could tell your employer that you are not financially mature. If your employer chooses to get rid of you after the second wage deductions, they can do so.

Stop wage garnishment through these simple but helpful tips.

How to Stop Wage Garnishment .

Administered and enforced by the Department of Labor’s Wage and Hour Division, the Fair Labor Standards Act (FLSA) establishes Federal standards concerning overtime, minimum wage, and record keeping. It includes parameters governing who is exempt from minimum wage requirements and who is not, minimums for overtime pay, and policies for minors.

Overtime Law

The FLSA defines overtime as any time worked over 40 hours in a standardized workweek. This workweek is considered a fixed and recurring period of 168 hours, in other words, seven consecutive 24-hour periods.

It is explicitly stated that an employer cannot average two or more workweeks to determine overtime for its employees. That is, working 25 hours one week and 55 hours another week does not legally average to two 40-hour workweeks; non-exempt employees would be entitled to 15 hours of overtime for the latter.

Overtime pay is defined as time-and-a-half, or 1.5 hours’ pay, for every hour worked over 40 hours a week.

Minimum Wage Law

On July 24, 2009, the Federal minimum wage was established as $7.25 per hour, raised from the former rate of $6.55 per hour. For employees under 20, the government requires they be paid no less than $4.25 for their first 90 consecutive calendar days of employment. After this period, they must be paid at the standard $7.25 rate. There are a few exemptions to this rule as well.

Many states have their own higher-paying minimum wage laws. In these cases, the worker is required to receive the higher minimum wage that the state provides.

Exempt and Non-Exempt Employees

The Fair Labor Standards Act does provide a few exceptions to the broad guidelines outlined above. Employers that make less than $500,000 a year are generally exempt from providing the above requirements to their employees, but this does not include hospitals, most schools, and government agencies, among others. Some examples of employee types that are exempt from overtime or minimum wage requirements:

• Executive, administrative, and professional employees (defined and outlined in the Act)
• Employees of some small newspapers
• Newspaper delivery persons and babysitters
• Farm workers on small farms

This list is not exhaustive; more information on labor law can be found on the Department of Labor’s website.

You may not be getting the compensation you are entitled to. Visit Lawyer Central for more Fair Labor Standards Act and employment law information.

Lawyer Central features a comprehensive overtime legal resource center, national attorney directory and library of attorney videos covering a wide range of legal topics, including overtime law. Visit http://www.lawyercentral.com/ today to find an overtime lawyer, learn more about overtime law or post a legal question in our free advice forum.

Article Source: http://EzineArticles.com/?expert=Patrick_Hanan
http://EzineArticles.com/?The-Fair-Labor-Standards-Act-(FLSA)&id=5244573

The Fair Labor Standards Act has specific regulations that deal with the employment of youth. One of those regulations is the youth minimum wage which is age and time dependent. This regulation is put in place to protect both youth workers and employers. But a failure to comply with these FSLA regulations could mean that a hard-working youth is not being fairly compensated.

Hard work performed by a person of any age should be compensated fairly. Because of this, employers are responsible to know and uphold FSLA regulations regarding the compensation of employees under the age of 20. The youth minimum wage standard applies not just to minors, but also to those employees from age 18 to 20. It is also restricted to a specific period of time.

If a youth is hired for their first job they may be legally paid at a hourly wage rate of $4.25 for up to 90 consecutive calendar days. This regulation is cumulative so that the 90 count begins with the first day of their employment and ends ninety calendar days from that date, no matter their employee status or which employer they are working for. Also, these regulations no longer apply as soon as an employee turns 20, no matter how many days they have been working.

This youth minimum wage is also dependent on individual state regulations. States have the authority to raise, but not to lower the youth minimum wage and the age of persons to which it applies.

If you believe you have been denied wages under the regulations of the youth minimum wage, please visit the website of the wage theft lawyers at Tycko & Zavareei LLP, for more information on your possible legal courses of action.

James Witherspoon

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?The-Youth-Minimum-Wage&id=5244845