Common US Employment Law Violations

By | October 8, 2016
    There are many people in the United States that have excellent, fair employers – yet there are also those whose workers’ rights are violated each and every year in regards to underpayment, overtime and rest break violations. For this reason, it is important to know your rights and find a great employment law attorney.

    There are several employment law violations that are more common that others in the US, and the first one of these is lack of overtime payment. The particular law that applies will depend on the state, but in some cases, employees can be told that they are not entitled to overtime payment when they actually are.

    In all cases, workers are entitled to overtime payment if they do not meet all the of a particular overtime exemption’s requirements. Furthermore, some people may be compensated for overtime, but this sum may be far lower than the amount that they are legally entitled to. In this case, finding a good unpaid overtime lawyer is an ideal solution.

    In addition to the lack of overtime payment or the miscalculation of overtime payment that disadvantages the employee, there are other common employment law violations which employees need to be vigilant of. One of these is failure of the employer to give additional pay when it is required by law.

    This does not only apply in regards to overtime, but also in other situations when an employee is legally entitled to be compensated for not taking an unpaid meal period – working instead due to the employer’s demands – or not taking other legally required rest breaks. In some state law, workers are entitled to extra pay in these situations.

    If you are an employee who frequently is required to skip rest breaks or unpaid meal breaks, then it is strongly recommended to seek the assistance of a unpaid overtime lawyer who will be able to provide you with guidance. This is one way of assuring that you know your rights and will be able to assert them for you and your family’s benefit.

    Another common violation of employment law is that statutory employees are classified instead as “independent contractors”, which denies them a number of rights that they should be entitled to. These rights include minimum wage, overtime and a variety of other protections provided by state and federal law.

    This miscalculation can be a genuine error on the part of the employer, but it can also be a calculated business move that severely disadvantages the worker. Again, seeking the advice of an employment attorney or a unpaid overtime lawyer will help clear up this issue and help each determine whether they have been misclassified as an independent contractor.

    Lastly, employees may be entitled to certain rest breaks and meal times which the employer does not provide. There may also be failure to provide vacation pay, all of which result in the employee receiving far less than they deserve at the unjust benefit of the employer. Again, if the employee suspects their rights are being violated, it is advised to seek legal help.

    These are just a few of the most common violations of workers’ rights in the US – from lack of overtime pay to miscalculation of employee status, these will also have a huge effect on the lives of employees and their families. This can mean less income, fewer breaks and longer hours than is legally allowed.

    It is important for every worker in the country to know their rights and to seek professional help in defending them when necessary. This ensures a fairer workplace and one where employees can work safely and securely and be adequately financially compensated for their contribution to the company that they work for.