Many employees hardly know their employment rights and what they are actually entitled to. In a scenario where your employer fails to pay you for something, whether it's regular wages, reimbursements, tip splitting, overtime, or something else, you might feel very confused and frightened. Is the boss right? Should you even think about fighting? Here is a list of several workplace violations that workers should be conversant with and for which they should consult a compensation lawyer.
Unpaid time
Irrespective of the type of job you do, you are entitled to your normal wages for the amount of time you dedicate to fulfilling what's expected of you at your workplace. Additionally, you are entitled to payment for any 'additional' hours you toil, including working during your lunch break or on weekends when you're supposed to be off-duty. These are all regarded as compensable time.
Unpaid leave
If your employer actually provides paid leave, the time spent off-duty should be compensated in the same way as when you're on duty. In the event that your employer fails to pay for unpaid leave, you can contact a compensation lawyer because you are entitled to paid vacation time based on the company's vacation policy.
Unpaid bonus or commissions
Entitlement to commissions and bonuses is determined by your employment contract and the law clauses of the state where you go to work. Your compensation may consist of bonuses or commissions based on performance targets, including sales or production quotas. By achieving those targets, you're entitled to getting the bonus or commission pledged by your employer. If your boss fails to pay, you can file a claim against your employer for breach of employment contract or agreement.
Minimum wage violations
Various states have varied minimum wage laws. As an employee, you need to check to confirm what rates apply for your job description. Upon finding out that you are being underpaid in violation of the minimum wage law in your state, get in touch with a compensation attorney to seek redress.
Independent contractor classification
Independent contractors are self-employed recruits who aren't covered by the wage and tax laws that govern regular employees. If you are a regular employee, make sure that you aren't classified as an independent contractor because your employer is not obligated to pay medicare, tax or social security on independent contractors, which may leave you with a large tax bill come the end of year.
If you have been a victim of any of the above-mentioned violations, consult an attorney who can help you obtain your rightful compensation.
Share20 March 2017
Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.