Dayton Frequent Wage & Hour Issues Attorney
All types of employers use unlawful compensation methods that cheat employees out of their rightful wages. However, some occupations carry an extra level of risk when it comes to wage and hour theft; employers in the service industry, healthcare, and janitorial services, among others, are some of the most notorious perpetrators of wage theft when it comes to unpaid overtime, wage withholding, and unlawful miscalculation of hours and wages. If your employer has violated your employment contract by withholding wages, our Dayton frequent wage and hour issues attorneys can help you file a claim against your employer.
Health Care Industry
Workers in the healthcare industry, and nurses in particular, are subject to some of the most frequent and blatant wage & hour violations. Examples of when these violations often occur include:
- Traveling between job sites—any travel between job sites is “on the clock” and must be compensated for;
- Training and seminars—All training and seminars is counted as paid work. According to the Department of Labor, an employer must pay for attending seminars unless all of the following is true:
- Attending the seminar is outside of the employee’s regular work hours;
- Attendance is voluntary;
- The seminar is not directly related to the employee’s job; and
- The employee does not perform any productive work while attending.
- Working beyond the shift (overtime)—Many hospitals and other facilities are short staffed, and employers are expected to fill in when there are gaps. These extra shifts and hours must be fully compensated for, and overtime hours must be paid time and a half.
Hotel and Restaurant Workers
Hotel and restaurant workers are frequently exploited by their employees in the following ways:
- Refusal to pay overtime;
- Asking employees to work off the clock;
- Removal of hours from timecards;
- Altering time records;
- Deducting pay from meal breaks;
- Keeping part of the employee’s tips, using the incorrect tip credit, and operating an illegal tip pool.
Janitorial Services and Maids
Janitors, housekeepers, and maids are often the victims of wage theft. Large businesses, such as the Cheesecake Factory, and corporations have had to cough up millions of dollars after losing class action lawsuits for wage theft, as reported by The New York Times. One common tactic businesses use is to misclassify janitors as independent contractors.
Delivery drivers are subject to unpaid overtime, misclassification as tipped workers, and minimum wage violations. Pizza and delivery drivers are often paid per route or for a specific number of deliveries, but when weather or traffic gets in the way, they end up making less, per hour, than what their employer is obligated to pay.
Wage violations often include:
- Having to share tipps with non tipped employees;
- Not being paid minimum wage;
- Receiving no base pay at all; and
- Unlawful wage deductions.
Other Occupations In Which Wage and Hour Theft is Common
- Computer-Related Occupations;
- Outside sales employees;
- General repair workers;
- Dry cleaning;
- Office clerks;
- Construction workers;
- Retail workers; and
- Parking attendants and car wash employees.
Call a Dayton Frequent Wage And Hour Issues Attorney
If your employer has violated your employment contract by withholding wages in any way, the Dayton frequent wage and hour issues attorneys at the law office of Coffman Legal, LLC can help you file a claim against your employer. Call 614-949-1181 today to schedule a free consultation.