Workers should receive fair pay for their time and labor. But it seems not all employers agree with that concept.
Wage and hour law violations are more common than many people realize. Learning what they are and how to spot them can protect you from unscrupulous labor practices.
Unpaid overtime
One of the biggest violations under the Fair Labor Standards Act (FLSA) is unpaid overtime. If you’re a nonexempt employee, you should be paid time and a half for all the time you work over a 40-hour workweek. Your employer may owe you overtime pay if they tell you to clock out and keep working or if you’re paid the same flat rate regardless of hours worked
Off-the-clock work
They may seem like short, unpaid tasks, but those can quickly add up. Employers often violate the law by requiring employees to perform duties before clocking in or after clocking out, such as setting up, cleaning, catching up on documentation or answering emails. If you regularly perform “prep” or “closing” work or are expected to answer calls or texts outside your scheduled shift, then you are working and you should be paid.
Misclassification
Employers sometimes classify their workers as independent contractors to avoid paying overtime, benefits or even minimum wage. However, titles don’t determine your status. If your company controls your schedule and the work you do is part of the company’s regular business, then you are likely an employee and could be entitled to back pay and benefits.
Unpaid meal and rest breaks
Illinois requires employers to provide uninterrupted meal and rest breaks. If you are frequently interrupted during your lunch break or you spend your breaks covering for co-workers, then you’re not truly relieved of all duties, and your break time should be paid.
Illegal pay deductions
Companies regularly make deductions from their employees’ pay for taxes, health insurance and retirement funds. But certain deductions, such as ones for uniforms, register shortages or broken equipment, may not be legal, especially if they reduce your pay below the minimum wage.
If you believe that your employer is violating wage and hour laws, then you need to take action to remedy the situation. Take your pay stubs, work schedules, emails and any other pertinent documentation to a legal professional. They can analyze the evidence and discuss your options. They will help protect your right to fair pay for every hour you work.
