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Common Wage Violations
The following Wage practices violate the law and may result in recovering thousands of dollars in unpaid back wages:
Sometimes, to avoid paying overtime, employers misclassify workers as Salaried Employees so they can work more than 40 hours without being compensated. If you work more than 40 hours per week, regardless of whether you are called a Salaried Employee or not, you may be eligible for extra overtime wages.
Day Rate Employees
Some companies employ Day Rate workers who commonly work more than 80 hours per week. However, these workers are not always paid overtime, and just receive a flat day rate. Companies also violate overtime pay laws by paying workers “straight time” for overtime, meaning that workers only receive their normal hourly rate for the extra overtime hours.
Many employees have certain tasks that must be performed before they can begin or finish their job. These tasks include driving to the site, donning, doffing, and/or cleaning safety equipment or gear. Some companies try to avoid paying wages for this time, claiming that it is “off the clock”; sometimes they even alter the time sheets. Both these practices are illegal.
Hourly Workers with Bonuses
Often, companies knowingly fail to include an hourly worker’s bonus – rig, safety, retention, completion, mud bonus – when calculating the hourly worker’s overtime rate of pay. This is illegal, and employees who have fallen victim to this practice are entitled to recover an amount equal to their unpaid overtime wages for the last two to three years.
Per Diem with Hourly
In order to avoid compensating workers for overtime hours, employers sometimes pay Per Diem or Truck Pay instead of wages. This intentional failure to reimburse employees for overtime is illegal.
Misclassification as an Independent Contractor is another common and illegal practice in many industries. Employers often misclassify workers as Independent Contractors to avoid paying them full compensation for their work.