What To Do If Your Employer Is Violating Minimum Wage Laws
In the light of the employment situation for many US citizens today, you’re probably feeling lucky and grateful that you’ve found a full time job, but what if you don’t think you’re being paid enough? Minimum wage laws state that your hourly rate of pay must comply with the national or state standard, and if you suspect that your employer is violating those laws, you should seek legal advice immediately. Try to resist the temptation to confront your boss, even if you’re on good terms with one another, as you could potentially be jeopardizing your job, which is the last thing you want to do.
Aren’t some occupations unprotected when it comes to the minimum wage law? Yes, employees who receive tips, individuals under the age of 20 years, full time students employed at colleges, universities or retail stores and students that are 16 years and enrolled in a vocational education course, may be subject to different pay requirements that mean they are not entitled to receive the full minimum wage.
How do I know which minimum wage applies to me? Some situations arise whereby the state that you are living and working in, will have a different minimum wage than the federal government; in these cases, whichever rate is higher, is the one that will apply.
This can become a little more complex in certain states like Minnesota, where if a company is making a certain amount in revenue, the state rate of pay is affected. Depending on their revenue, if the wage per hour works out as being less than the federal minimum wage per hour, then that company may well be required by law to raise the pay of its employees to match the minimum federal rate. That said, there are some states that have a higher minimum wage per hour than that of the federal government. An employment lawyer will help you ascertain which minimum wage laws apply to you.
How will I know if my wage rights are being violated? There are several ways in which an employer can violate the minimum wage laws, other than by simply not paying you the lawful amount: ● ● ●
Underpaying you because you receive tips Paying you cash in hand or ‘under the table’ (no taxes are deducted this way) Not increasing your wage from that of a student or intern, despite the fact that you are now a full time, regular employee
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Decreasing your pay because of your status as an immigrant (if you’re not in possession of a green card and have no lawful right to work in the US) Not respecting your designated meal/break times Awarding you a salary that works out less than what a minimum wage paid worker would receive as an hourly rate You suspect that your employer is in violation of the minimum wage law, what should you do now?
There is no time to lose; if you suspect that your wage rights are being violated at work, then you need to contact a reputable employment lawyer as soon as you can. They will have intimate knowledge of the various laws regarding wages from state to state, and will be able to tell you if you have a case to argue. Every day spent waiting and wondering, is another day where you could be losing money that the law states you are entitled to.
Law Office of Jesse D. Nelson is an employment law firm located in Knoxville, Tennessee. We are in business to represent employees. We also represent people facing family issues, such as divorce and child custody. We tailor a strategy for each case based on what is most important to you, our client. Whether you are looking for employment law attorneys Knoxville, TN or labor lawyers Knoxville, TN, call us today at (865) 383-1053.