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Employer gets creative to commit wage and hour violations.

When Bay Area employees show up and clock in, they naturally expect that an employer will pay them appropriately and fairly for their hard work. Employees do their best to complete the tasks laid out before them, and in an economic climates where many Americans are living paycheck to paycheck every dollar counts. When an employer commits wage and hour violations, an employee can suffer financial woes and unnecessary stress.

The U.S. Department of Labor came down hard on a contracting company that was found to have committed wage an hour violations. After a thorough investigation, it became clear that the employer was aware that the employees were not being treated fairly, and rather than fixing the situation, the employer tried to hide the violations in an effort to continue violating the law. The DOL even revealed that the employer had been warned it was breaking the law, and no action was taken to correct the problems.

The employer failed to pay overtime to many employees that clocked more than 40 hours in a week. The company tried to say that the employees were paid a salary, and were paid based on an 80 hour fortnight, not a 40 hour week. However, just because a person is paid salary does not automatically mean he or she should not be paid overtime. Also, employees working at one job site for the same employer were given two separate checks each pay period, because the employer was trying to make it appear as if a worker was employed by two separate companies, and therefore had not worked overtime for either. The DOL was not amused by the sneaky tactics, and employees were able to collect over $50,000 in back wages.

If any Bay Area employees feel that their employer has treated them in a similarly unfair fashion, it might be time to take legal action. Hardworking individuals might be wary of filing a lawsuit against an employer, fearing that fighting back will only make the situation worse. An attorney can help a victim of wage and hour violations hold the employer accountable in court, and collect any back wages or other compensation to which an employee may be entitled by law.