Kentucky and Ohio employees deserve every penny they worked for. Unfortunately, employers sometimes try to take advantage of employees and use unlawful wage practices against employees. As an employee, understanding your rights regarding wages and paychecks is crucial to ensure fair treatment in the workplace.
Don’t let your employer steal your money!
We are experienced at fighting for Kentucky and Ohio employees who have been wronged by their employers. We have handled all types of employment wage matters such as when employers:
- Minimum Wage: Every employee is entitled to receive at least the minimum wage set by federal or state law, whichever is higher. Your employer must pay you at least this amount for every hour worked, and it’s illegal for them to pay you less.
- Overtime Pay: Overtime pay kicks in when you work more than 40 hours in a workweek. In accordance with the Fair Labor Standards Act (FLSA), eligible employees must be compensated at a rate of one and a half times their regular hourly rate for each hour worked beyond 40 hours in a week. Some exemptions apply, but generally, non-exempt employees are entitled to overtime pay.
- Bonuses: Bonuses are additional compensation provided by employers to recognize employees’ achievements or to incentivize performance. If your employer offers bonuses, they must adhere to their own policies regarding bonus distribution. Moreover, if you’re entitled to a bonus upon termination as per your employment contract or company policy, ensure that your employer fulfills this obligation.
- Timely Payment: As an employee, timely payment of wages is not just a convenience but a legal requirement that ensures fair treatment in the workplace. If you find yourself in a situation where your employer consistently fails to pay you on time, it’s essential to understand your rights and take appropriate action.
- Expenses and Personal Vehicle: Under the Fair Labor Standards Act (FLSA), employers are not obligated to cover or reimburse employee expenses, regardless of their relevance to job duties or benefit to the employer. However, the FLSA mandates that covered employers must compensate non-exempt (i.e., eligible for overtime) employees at least the minimum hourly wage for all non-overtime hours worked in a workweek, and no less than one and a half times their regular rate for each hour worked beyond 40 in a workweek. According to U.S. Department of Labor regulations, these wages must be provided “free and clear” of any deductions, including expenses incurred by employees for job-related tools required by the employer. If an employer requires employees to provide tools necessary for their work, and the cost of purchasing these tools reduces the employee’s minimum or overtime wages, it would be considered a violation of the FLSA.
- Improperly pool earned tips: A tipped employee, earning less than the federal minimum wage ($7.25 per hour) as a direct wage and participating in a tip pool, may be required to share tips with non-tipped employees like cooks or dishwashers. However, if the employer takes a tip credit, tips can only be shared with employees who regularly receive tips, such as servers or bartenders. Moreover, regardless of whether the employer takes a tip credit, it is illegal for an employee to share tips with a manager or supervisor. If an employer violates the Fair Labor Standards Act (FLSA) by mandating tipped employees to share tips with managers or supervisors, they may be compelled to return the tips to the employees and pay them the full minimum wage.
- Improperly Rounding Time Clocks: According to the Fair Labor Standards Act (FLSA), rounding of time must be impartial and never consistently in favor of the employer. It is unlawful to always round down timesheets to the employer’s advantage, as this results in employees losing payment for time worked. One approach to ensure fairness is to round the clock-in hour in favor of the employee, while rounding the clock-out hour in favor of the employer. Alternatively, both clock-in and clock-out times can be rounded in favor of the staff to maintain equity.
Contact Us For A Free Consultation
Navigating wage and hour issues in the workplace can be challenging, but knowing your rights is the first step toward protecting yourself from unfair practices. At Thompson Legal LLC, we’re committed to advocating for employees’ rights and ensuring they receive fair compensation for their hard work. If you have questions or concerns about wage and hour issues, don’t hesitate to text or call 502-366-2121 for a free case evaluation.