One of the most common types of employment lawsuits is wage and hour discrimination. Employers must comply with specific federal and state requirements by law, but this is not always what occurs. Instead, you as an employee should understand what you are entitled to and the laws that are in place to protect you. Of course, this can be overwhelming, and finding a wage and hour lawyer to represent you becomes the best option.
Here, the team from Hershey Law provides you with insight and the primary information every employee must know.
Be sure to check back soon as our team will follow up with part 2 on more essential information concerning wage and hour discrimination laws, rights, and how our team of experienced lawyers can help bring your case to justice.
Understanding Wage and Hour Laws
Wage and hour laws are in place to govern how much employers pay their employees. However, the laws also govern the hours an employee must be compensated. These include common laws such as minimum wage and overtime, child labor, meal, and break laws. However, there are many other guidelines stipulated that must be followed.
Unfortunately, many people blindly go into a job, assuming that the employer will fairly and accurately handle payroll. However, in reality, wage and hour discrimination happens. Often, hours are split into paychecks to avoid the necessity of paying overtime. Further, minimum wage requirements are ignored, pay rates are differentiated by things other than skill, and employees are mandated to complete work off the clock.
Sometimes this neglect of meeting requirements is blatantly apparent. However, other times, it is a sneaky loss of an hour or two. Although a few hours may not seem a significant deal, after each paycheck, this time adds up. Whether it becomes thousands of dollars over the employment period or receiving less pay than someone else doing the same job – this is never acceptable practice.
Regardless of how it happened, you have rights if you were the victim of this kind of discrimination.
What Does Wage and Hour Discrimination Look Like, Exactly?
Wage compensation discrimination happens when multiple employees performing the same job don’t receive equal pay. According to federal law, if the job requires equal skills and responsibilities and equal working conditions, it deserves equal pay. This includes salary, overtime opportunity, pay, holiday and vacation pay, bonuses, and all other job benefits.
Yet again, this does not always happen. Discrimination often occurs too often because of gender or race. In fact, research has shown that 42% of women reported gender discrimination compared to 22% of men. The Women in the Workplace 2021 report found that 90% of companies track women’s overall representation in the workplace but only 65% track gender differences in promotion rates.
When an employer determines the rate of pay, they are allowed to take the following into consideration:
- The potential employee’s skill set, experience, education, training, etc. However, the skills required for the job are what the pay should be based on.
- The accountability that is required to perform the job.
- The physical and mental effort required to perform the job.
- The working conditions and potential hazards that encompass the job.
- The individual establishment where the job is performed.
These factors are also used to determine whether or not wage and hour discrimination has occurred. Employers are allowed to differentiate pay based on merit, seniority, and production output, but the burden of this proof falls on them in a wage and hour discrimination lawsuit.
Wage and Hour Lawyer: How are you protected?
Multiple acts and titles are in place to protect employees from these types of discrimination. A few of these include, but not limited to:
- Equal Pay Act
- Title VII from the Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967
- Americans with Disabilities Act.
In addition to pay and compensation, wage and hour discrimination can also occur when your employee does not follow the federal and state guidelines set up for things such as minimum wage, overtime, and other areas set up in the Fair Labor Standards Act (FLSA). Furthermore, the Wage and Hour Division of the United States Department of Labor has regulations set up to cover a wide range of potential discriminations, so it is important that you find an expert attorney who is knowledgeable in this area.
When it comes to wage and hour discrimination, Hershey Law can help you prove your case if you feel you were the victim of any violation of the FLSA.
