Wage Disputes

It sure sounds simple enough – you work and your employer pays you what you’re owed. But wage and hour laws put strict requirements on how employers calculate and pay wages and they don’t always get it right. One thing you can count on, however, is when employers get it wrong, it’s usually in their favor.

Misclassification
An employer might misclassify an employee as “exempt” or as an “independent contractor” to avoid paying them everything they’re owed. This problem has only gotten worse over the years as employers are under increasing pressure from shareholders to maximize profits and cut costs, often at their workers’ expense.

Working Off-the-Clock
One way employers avoid paying their employees what they’re owed is by simply not counting certain time spent working as “work hours.” This might be very straightforward, such as requiring or encouraging hourly employees to clock out and then continue to work, which is illegal but distressingly common. But this may also take the form of time spent setting up or preparing for your shift, “side work,” certain work-required travel, and trainings, all of which must also be compensated in full.

Unpaid or Underpaid Overtime
Another common trick employers use to shortchange employees is not properly calculating their overtime compensation. They may do this by miscounting hours worked, as mentioned above, but they may also do this by not including all necessary compensation when calculating your overtime rate of pay. For example, by excluding certain bonuses or commissions that otherwise should be included to artificially lower your rate of pay when your overtime rate is calculated.

Unequal Pay
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. It doesn’t matter if the jobs aren’t identical or if the titles vary, if the content of the jobs are substantially equal then the pay should be, too. Even so, women in the U.S. are still only paid around 82 cents for every dollar a man makes — and for women of color, this wage gap is even larger.

How RAK Law Can Help

Help you understand your rights. You deserve to fully understand what your legal rights are and are not. It may be difficult to know whether you’ve been properly classified or compensated for all your time. A good attorney should be able to analyze the events and circumstances surrounding your employment and determine whether your classification and compensation was proper or wrongful and actionable.

You can sue. If your employer is not willing to negotiate an out-of-court resolution you may have no choice but to bring a lawsuit. A good attorney will walk you through the process and make sure you understand the risks and potential benefits and, if you decide to sue, will fiercely advocate for your rights and always keep your best interests in mind.