We are truly living in strange times and nowhere is this felt as much as it is in employment law. At The Law Offices of Larry H. Parker we know how difficult it can be for you to know what is legal, what is not legal, and what your options are. In fact, many employers who are breaking the law do not even know they are doing so. That is why it’s up to you to review what every hourly worker needs to know and to take appropriate steps to protect yourself.
It is This Simple: You Should Be Paid for Every Hour You Work
The fact is this: If you are working then you should be paid. It is that simple. You may be able to tell if your check comes up short. Your employer may underpay you without them noticing – or without you noticing. While one or two hours here and there may not make a huge impact on a bi-monthly paycheck, it will add up over the course of the month. This is why we strongly recommend that you track your own hours and ensure you are being paid for all of them.
You Should Never Work Off the Clock
If you are ever asked to work off the clock, you have the legal right to say no. This includes cleaning before or after your shift. This includes doing prep work, cleaning, and anything else. If you are an hourly worker and you are at work, working at the behest of your employer, then you have the legal right to be paid.
Your Title Should Reflect Your Job
One of the ways companies try to get around various laws surrounding hourly workers is by misclassifying their job title. For example, the employer may give a title such as a manager or assistant manager. This makes the employee exempt when they shouldn’t be. If you have the manager title at work but you do not have managerial duties, then you should consider legal action.
Likewise, if you are essentially a full-time employee but are classified as a contractor, this is not legal. If you are required to go in at certain hours, if you are required to use company materials, if you are essentially a full-time employee then you should get the benefits of being such.
Tipped Positions Must Equal at Least Minimum Wage
If you are a server or another person in a tipped position, you know that your livelihood depends largely on tips. However, if work is slow or you don’t earn significant tips for another reason, and your pay ends up coming to below minimum wage after tipping out any necessary employees, then your employer is required by law to make up the difference.