Wage violations occur when employers fail to comply with federal or state laws regarding employee compensation. Oftentimes, these violations result in workers being underpaid for their time and efforts. If an employee believes that their employer is engaging in these behaviors, they may be able to file a claim to demonstrate their employer’s failure to fulfill their legal obligations. In doing so, comprehensive evidence must be provided to prove that wage violations were taking place. In this article, we will explore some of the most common types of evidence that employees use to prove wage violations.
Common Wage Violations
In uncovering the various types of evidence that may be used in a wage violation dispute, it is first important to establish what some of the most common wage violations are.
- Minimum Wage: Paying employees below the legal minimum wage is one of the most prevalent forms of wage violations. While there is a federal minimum wage of $7.25 that applies to all states, most states have their own minimum wage laws.
- Unpaid Overtime: Another common violation is unpaid overtime in which employees are not adequately compensated for working beyond 40 hours in a week. Under the Fair Labor Standards Act (FLSA), employees must be paid at least one and a half times their regular rate of pay for any overtime hours worked.
- Meal and Rest Breaks: In states that require it, failing to allow employees to take their required meal and rest breaks or improperly deducting time for breaks not taken is another common form of wage violation.
- Employee Misclassification: If an employer incorrectly classifies an employee as an independent contractor or an exempt employee to avoid paying overtime or providing benefits, this would also be considered a wage violation.
Now that we are familiar with some of the most common wage violations, let’s look at what evidence may be used to determine whether you have a viable wage violation case.
Pay Stubs
A crucial piece of evidence that can be used to help prove wage violations is pay stubs. These stubs provide important details such as how much an employee was paid, how many hours they worked, and any deductions that were taken out of their paycheck. By comparing your pay stub with your work schedule or time log, discrepancies such as underpaid overtime or incorrect hourly rates may be revealed.
Work Schedules
Work schedules are also pivotal in work violation cases in that they provide a clear account of the employee’s expected hours of work. These schedules can be compared to your pay stubs in order to assess whether you were underpaid or not. For example, if your work schedule shows that you consistently worked beyond your normally scheduled hours and you did not receive overtime pay, this evidence can bolster your case.
Written Communication
Written communication can also be vital in proving whether wage violation occurs. This can include time-stamped and dated text messages or emails related to your wages and time worked. For example, if you have written evidence that demonstrates your employer directed you to work off the clock, this can be used in your case to demonstrate wage violations occurred.
Employee Contract
A final piece of evidence that may be used to prove wage violations is an employee contract that you signed upon accepting your job offer. This contract should lay out all the important details regarding hourly rates, payment schedules, and agreed-upon overtime pay. If your wages or hours of work are different from what is stated in your contract, this can be clear evidence of wage violation.
Filing a Claim
If you believe that you have a wage violation claim, it is important that you do so in a timely manner as failing to do so may bar you from recovering the wages that you are legally entitled to. When filing a claim, it is important to seek help from a wage violation attorney who is familiar with your state’s labor laws, can help gather evidence, and ensure that your rights are protected throughout the legal process.
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