Pursuing your Claims. Protecting your Rights.
The Fair Labor Standards Act requires employers to provide overtime pay when employees work more than 40 hours during their workweek. According to the U.S. Department of Labor, a regular employee workweek consists of “seven consecutive 24-hour periods.” Employees working over 40 hours during their regular seven-day workweek must receive at least an additional 50% of their normal pay rate…
Employers have discretion in choosing what to pay their workers. However, denying pay, misclassification and other deceptive practices can negatively impact morale and productivity. Even worse, in serious cases, non-compliant employers may face legal repercussions. If underpaid workers have adequately researched fair wage rates and discovered discrepancies in pay, they have the right to notify their employer. In some situations,…
Unfortunately, the categorization of wages and classification of employees does not always help to streamline a workplace experience. Sometimes, employers will use these complex systems to pay improper wages or get away with wage theft. But how do you know if you have suffered from such a thing? First, you need to know how other forms of payment outside of…
Feeling like you are not getting fair compensation can impact your morale and productivity at work. However, prematurely asking for more money can backfire and hurt your reputation. Knowing some strategies for assessing how your compensation compares with other people doing your same job can help you make an informed assumption. Verify employee classification One of the more common reasons…
According to the U.S. Department of Labor, the Fair Labor Standards Act (FLSA) establishes laws regarding overtime pay. These laws dictate who is eligible for overtime, as well as how much eligible workers must receive. All workers should understand FLSA regulations and employer obligations. Here are a few things to keep in mind about overtime rates. Who is eligible for overtime…
Most employers will provide you breaks while you work. Breaks are a great way to step away from things and recharge before heading back to work. However, you may wonder if your employer has to pay you for your breaks. The Division of Labor explains the law requires employers to offer at least a 20-minute break for employees working at…
West Virginia employees want to believe that when they start their jobs, their bosses are in their corner, and they’re getting paid a fair wage. If you’ve recently found out that you haven’t been paid fairly for your time, you may be wondering what your options are. Thankfully, the United States Government and the Fair Labor Standards Act, or FLSA,…
Employees in West Virginia might have questions about per diem allowances. Who qualifies, and what are the rules? Per diem is a Latin term that translates to “by day.” Employers may reimburse the actual expenses of employees with travel duties, or they may choose to provide per diem allowances calculated by prescribed rates. The General Services Administration (GSA) establishes per diem rates for lodging, meals and…
Many employees nationwide, including in West Virginia, use various ways to protect their business’s bottom lines — many times to the detriment of their employees. One method they use is the misclassification of employees. It costs a company a whole lot less to employ independent contract workers than permanent employees. How do employers benefit from this practice? Misclassification of workers benefits…
If you work more than 40 hours in a single workweek, you might be entitled to overtime pay. Your overtime rate is 150% of your average hourly wage. Therefore, if you typically made $7 an hour, your West Virginia employer would be required to pay an overtime wage of $10.50 per hour. There are several actions that you might be…