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Violation of wage and compensation laws in the workplace

On Behalf of | Jul 19, 2021 | Wage & Hour Laws

Employees in Illinois and elsewhere are always conscious of their bosses or supervisors, as they play a major role in maintaining their job and the ability to move up the ladder. While they hold authority and power in the work environment, they do not have the power to do anything and everything. This is especially true when it comes to an employee’s pay and having them properly compensated for the work completed.

Violation of workplace laws

While there is a wide range of situations that could be considered a violation of workplace laws, the focus of this post will be on those related to wages and compensation. As such, employees should understand that an employer cannot legally not pay an employee for overtime and not pay an employee at least the minimum wage.

Not pay overtime

Although the laws regarding employee compensation can be complex, the rules regarding overtime pay are considered straightforward. According to the Fair Labor Standards Act or FLSA, employers are required to pay nonexempt employees overtime pay when they exceed 40 hours of work in a single workweek. While state laws can restrict this or set additional guidelines, the bottom line is that an employer is required to compensate an employee for the work completed.

Minimum wage

An employer must meet minimum wage standards when compensating an employee. Currently, the federal minimum wage is set at $7.25 per hour, most states and even some cities have set higher requirements. Thus, employers must not only meet the federal standards when paying an employee; they must also meet the standards set by the state or city. It is important to note that employers cannot get around paying an employee minimum wage when an employee is paid with tips or commissions, as there cannot be a commission standard the results in less pay than the federal minimum wage.

Employment law can be complex. Often time, employers do not mean to violate labor laws; however, this does not negate the harm caused to the employee. Thus, it is important that employees are aware of their options when it comes to addressing these harms and protecting his or her rights.