Who’s Getting Sued for Wage and Hour Violations? Find Out here
Game time! Two employers offer you juicy commission payments for sales you make. Employer 1 does not lay out how the commissions will be paid and on what basis. Employer 2 does and lays it all out in writing.
Who is more likely to be sued for wage and hour violations?
The answer is: Employer 1.
Why?
Because Employer 1 has left the door open to wage and hour violations. By not laying out the terms of the commission structure in writing, Employer 1 can easily change the rules to their advantage. For example, they could decide to pay you a lower commission rate than originally promised, or they could refuse to pay you commissions at all.
Employer 2, on the other hand, has protected themselves from wage and hour violations by putting the commission structure in writing. This means that you have a clear record of what you are owed, and you can take legal action if Employer 2 fails to pay you your commissions.
What are wage and hour violations?
Wage and hour violations are any violations of the Fair Labor Standards Act (FLSA) or state wage and hour laws. The FLSA is a federal law that sets minimum wage, overtime pay, and recordkeeping requirements for most employees. State wage and hour laws may provide additional protections for workers.
Some common types of wage and hour violations include:
- Not paying the minimum wage
- Not paying overtime pay
- Failing to keep accurate records of hours worked
- Deducting illegal amounts from employees’ paychecks
- Retaliating against employees who assert their wage and hour rights
What can I do if I think my employer has violated my wage and hour rights?
If you think your employer has violated your wage and hour rights, you should first try to resolve the issue with your employer directly. If you are unable to resolve the issue with your employer, you can file a complaint with the US Department of Labor (DOL) or your state’s department of labor.
You may also want to consult with an attorney to discuss your legal options. An attorney can help you understand your rights and can represent you in a lawsuit against your employer if necessary.
Conclusion
If you are considering working for an employer who does not lay out the terms of the commission structure in writing, be careful. You may be putting yourself at risk of wage and hour violations.
If you are able to choose between two employers who offer similar commission payments, choose the employer who puts the commission structure in writing. This will protect you from wage and hour violations and ensure that you are paid what you are owed.
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Additional tips for protecting yourself from wage and hour violations:
- Keep track of your hours worked. This will help you document your entitlement to overtime pay.
- Review your paystubs carefully. Make sure that you are being paid the correct wage rate and that all deductions are legal.
- If you have any questions or concerns about your pay, talk to your employer directly.
- If you are unable to resolve the issue with your employer, file a complaint with the DOL or your state’s department of labor.
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