Workers are guaranteed a minimum wage under the Fair Labor Standards Act (FLSA). Not all workers receive the minimum wage, though. Because it is so easy for a worker to look at his or her check and identify when he or she is being paid the minimum wage, the majority of workers who are denied minimum wage often fall into more ambiguous situations such as:
Tipped workers — Restaurant workers often make less than the minimum wage. The expectation is that their tips will elevate their pay above the minimum wage. When that fails to happen, the employer is supposed to make up the difference. In reality, employers rarely do that.
Out-of-pocket expenses — Workers may be asked to spend money on uniforms or supplies. The
employer should be reimbursing the employee for these expenses. These costs can bring someone's effective pay rate below the minimum wage.
Being paid by the task — For example, Limousine drivers in Nevada were paid based on the number of trips they made rather than an hourly rate. This left them with a pay rate less than the minimum wage.
Off-the-Clock Extra Work — Requiring workers to do work-related things before clocking in or after clocking out, such as changing clothes, or gathering required tools, logging into systems, or attending meetings, etc.
Unfortunately, many workers feel unable to hold their employers accountable for shorting them on pay they deserve. For many workers the math is simple — they would rather lose a little money and keep their job than have no job at all. It does not have to be that way. With skilled legal representation that understands wage and hour laws, you can hold your employer accountable for
the full pay you should have received in the first place.
At Preston & Brar LLC, we have more than 25 years of combined experience helping our clients through difficult situations. Our depth of understanding of minimum wage issues and how to hold employers accountable can help you recover the wages you were owed. We know that many workers are afraid of employer retaliation. The only way to protect yourself and your rights is by seeking skilled legal help. You do not have to let your employer take advantage of you.