However, very often employers have no scruples and deceive their employees by not providing information about minimum wages, overtime pay, workers’ compensation, or unemployment benefits.
Very often, employees have no idea what their pay should be, and they often don’t know what they can do to protect their rights and interests. The law can be very complicated, and employees don’t always know where to go to enforce their rights. To help you understand your employee rights, we present the third part of our labor law series.
Base salary Also called basic pay, fixed pay, or financial remuneration, it constitutes the rate for a given job for a competent person with appropriate skills. For manual workers, this rate may be hourly or daily (“day rate”), for others, it is paid monthly or annually. Changes in pay, reflecting an increase in the cost of living or an increase in market rates, are made either unilaterally by the organization or in agreement with trade unions (wage negotiations). Basic pay levels are placed in the pay scale and result from job evaluation. Poorly constructed pay systems are the bane of enterprises, as a bad pay structure can effectively demotivate employees.
– How much time do I have to file a lawsuit?
– Six years from the date of the last underpayment.
– Can I file a lawsuit if I was paid in cash?
– Yes.
– Do I have the right to file a lawsuit if I am currently or have been an undocumented immigrant in the past?
– Yes.
– My boss classified me and pays me as a “1099 independent contractor”. Is this legal?
– To reduce their costs, employers often incorrectly classify employees as “independent contractors.”
This is precisely to avoid paying income taxes withheld from wages, social security benefits, workers’ compensation, medical and retirement benefits, or statutory rates.
Just because an employer classified you as an “independent contractor” does not mean you are not entitled to receive minimum wage and overtime pay.
The court has its ways of verifying whether an employee has been improperly classified as an “independent contractor.” These determinants are:
1) the degree of control the boss has over the employee
2) whether the employee is entitled to receive profits from the work (or whether they must pay for incurred losses)
3) the employee’s investment in the given work, including tools and materials
4) the degree of specialization and independent initiative required to perform the given work
5) the duration of the employment relationship
None of these factors is decisive. It is up to the court to assess the employment relationship and determine the proper classification.
– What are the regulations regarding overtime pay?
– Employees subject to overtime pay regulations must receive compensation at an overtime rate which is 1.5 times their regular hourly rate. These rates apply to all employees who work more than 40 hours per week.
– Can employees hired by a contractor working on public works, such as public schools or government buildings, work four days for 10 hours a day and not receive overtime pay?
– No. Any work longer than eight hours a day is classified as “overtime work” on these types of construction projects.
– Am I entitled to receive overtime pay if my pay is a “base salary”?
– Just because your boss decided that you work for a “base salary” does not mean that you are not entitled to receive overtime pay, which is one and a half times the rate (1.5 X) if you work more than 40 hours a week. The basis for determining whether you are entitled to overtime pay is the type of work you perform, not what your boss wants to pay you. If you do not belong to the group of employees who are exempt from overtime pay law, then your boss must pay you for it. This rule also applies to “office” workers – secretaries, administrative assistants, dental and medical office assistants, receptionists, clerks, warehouse and factory workers, delivery drivers, grocery and retail store employees.
– When must an employer pay the final paycheck to a dismissed employee?
– If an employee has been dismissed, the employer must pay the final paycheck on the established payday for the period worked. If such a request is made, the employer must mail the final paycheck to the employee.
– What deductions from wages is an employer allowed to make?
– An employer is only allowed to make deductions to which the employee agrees in writing and which are benefits for the employee – such as insurance premiums, retirement, health, or social care benefits, and contributions paid to employee organizations. However, it is illegal for an employer to deduct from an employee’s wages for damaged work tools, spoiled food, or if a customer orders takeout food at a restaurant and does not come to pick it up.
– I was told that I have to share my tips with other employees. Do I really have to do this, since they are my tips?
– Sharing tips with other employees is called “tip pooling” where employees collect their tips in one place and then divide them fairly after the shift, or “tipping out” where a portion of their tips is given away.
Tips belong to the person who “serves the customer.” In restaurants, it happens that there is more than just a waiter serving the customer (such as bussers, i.e., waiter assistants), in which case the employer has the right to require sharing tips with them. However, sharing tips with managers or supervisors is illegal.
It is also required that “tipping out” arrangements be reasonable. This means that if you work as a waiter, you should not give away more than 15-20% of your tips.
If you are forced to give away up to 60% of your tips, such an arrangement is likely illegal.
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- Consultations provided by our law firm are confidential and free of charge.
When calling for help and the most current information, please ask for Maria or Iwona.
