Minimum Wage Violations Attorney in Chagrin Falls, Ohio

NO FINAL PAYCHECK IS DELIVERED

At a minimum, FLSA requires former employees to receive payment on the next scheduled payday. However, this can vary by state. State regulations generally require employers to issue final paychecks on an employee's last day or within a certain number of days after employment has terminated. If the employee's final paycheck has not been paid within the allowed time frame we can help you recover back wages.

​UNAUTHORIZED PAYCHECK DEDUCTIONS ARE MADE THAT BRING THE EMPLOYEES' PAY BELOW THE MINIMUM WAGE 

The FLSA's general rule regarding unauthorized paycheck deductions is that wage deductions for items/payments that are considered for the benefit of the employer may not reduce an employee's rate of pay to below the minimum wage.

​NOT COMPENSATING EMPLOYEES FOR PAID FOR OFF-THE-CLOCK WORK

It is a violation of the FLSA if an employer is requiring an employee to perform work-related tasks on their behalf "off-the-clock" or outside of an individual's scheduled work time without getting paid for it. If your employer is asking you to perform tasks on their behalf and is not permitting you to record that time, then we may be able to help you recover back pay. This happens frequently to people who are working from home or working remote. Are you being paid for all of your emails, calls and texts?

Violations Against Restaurant Workers and Tipped Employees Rights

NOT PROVIDING "TIP CREDIT" NOTICE TO TIPPED EMPLOYEES

A tip credit allows employers to count an employee's tips to satisfy a portion of the minimum wage requirements. Employers are required by FLSA to inform their employees that they will be taking this "tip credit" to apply it towards minimum wage standards.

​TIP POOLS THAT INCLUDE NON-TIPPED EMPLOYEES WHEN AN EMPLOYER IS TAKING A TIP CREDIT

When an employer is applying a tip credit towards the minimum wage requirements for tipped staff then any tip pools can only be distributed amongst tipped staff. When the tip credit is being applied then tip pools must exclude all non-tipped staff - i.e. management, the house, cooks, dishwashers, kitchen staff, etc.

 MISCALCULATING OVERTIME RATES FOR TIPPED EMPLOYEES WHEN AN TAKING A TIP CREDIT

If an employer is claiming a tip credit and a tipped employee works more than 40 hours in a workweek then the overtime rate of 1.5x their standard rate needs to be calculated off the the national or state minimum wage requirements (whichever is higher). Often times, employers will incorrectly pay tipped employees based on 1.5x the tip credit (i.e. 1.5 x $2.13 = $3.19/hr) instead of 1.5x the full minimum wage minus the maximum allowable tip credit (i.e. [1.5 x $7.25] – $5.12 = $5.75/hr).

​These are just some examples of overtime and minimum wage violations according to the Fair Labor Standards Act (“FLSA”). If you think that you may have been wronged by your employer, then contact us the team at Simon Law Co. for a free case consult.