All workers have the right to receive rightful pay for their labor. Unfortunately, wage and hour violations are not uncommon in the workplace. Employers may fail to pay employees the proper minimum wage or neglect to compensate non-exempt employees for overtime hours, even when acting in good faith.

This may also extend to specific work agreements such as commission workers (like salesmen), where the employer may be withholding commission on the basis of the worker garnering little sales without paying the minimum wage at least. The experienced attorneys of Win Nguyen can help you review your employer’s conduct and ensure you are being paid rightfully, no matter the kind of work and agreement.

Under the mask of company culture, employers may ask workers to “be a team player” or to sympathize with a business’ implementation of unfair labor conditions and compensation. It is even possible that an employee may face threats and added hostile communication should they invoke their rights. In many cases, employers may coerce their employees to work off the clock and even make unauthorized deductions from their paychecks.

Generally, both federal and state law prohibit an employer from retaliating against employees that file illegal wage deduction complaints. While illegal payroll deductions can vary from state to state, typically business expenses, pre-employment exams, employer payroll taxes, workers’ comp premiums, certain types of PPE, and deductions that reduce the employee’s earnings to below minimum wage are unlawful.

In addition, employees are guaranteed certain rights regarding the work environment and professional conduct afforded to them from their employer. If you’d like to learn more about your rights, be sure to contact Win Nguyen Law Firm for a free consult.

Employers must adhere to both the Federal Fair Labor Standards Act (FLSA) and their own state’s wage and hour laws, which will govern overtime wages. These regulations state that all “non-exempt” employees must receive compensation at 1.5x of the regular pay rate for all hours worked beyond 40 hours a week.

Many businesses may try to avoid complying with the FLSA and their state’s overtime laws by incorrectly classifying non-exempt employees as overtime-exempt, or even as independent contractors. If you feel you have been misclassified, you may have a valid wage and hour violation claim to recover unpaid wages. Contact our attorneys at Win Nguyen Law Firm, who have a strong background in navigating wage and hour claims and pursuing damages on your behalf.