12 Tricks Employers use To Cheat Their Employees

WORKPLACE VIOLATIONS

12 Tricks Employers Use To Cheat Workers

What the Data Says About Workplace Violations?

Wage Theft

Over $130,000,000 collected annually in unpaid overtime claims from employers who failed to pay.

Over $35,000,000 collected for minimum wage violations.

Fiscal Year Minimum Wage Overtime

2015$37,828,554 $137,701,703

2014$36,732,407 $136,239,001

2013 $38,470,100 $130,703,222

2012 $35,270,524$148,560,700

2011$29,327,527 $140,328,012

Back Wages Collected

Source: Fair Labor Standards Act Enforcement Statistics

Wage Theft

The vast majority of recovery occurs in low-wage industries. The restaurant industry experiencing the second highest

frequency in back wage collections.

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Source: Department of Labor

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Back Wages Statistics (Low-Wage Industries), 2015

Wage Theft

Child care professionals report the highest rate of employer denied overtime pay rates

Richard Celler Legal, P.A.

Source: Bernhardt, A. et al. (2009)

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Jobs Most Commonly Denied Overtime Pay By Employer

Wage Theft

Total wage theft accounts for more than double the financial loss in the U.S. than reported losses from robbery.

Source: Economic Policy Institute

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Annual Reported Loss in USA: Robbery vs. Wage Theft

What Tricks Do Employers Use to Steal From Their

Employees?

Trick #1 Not Paying For Travel Time

Richard Celler Legal, P.A.

Generally, if you drive straight home from the work site or office, that is not “work time.” BUT…

If you have to travel back to the office or shop to drop off a vehicle, turn in paperwork, unload your supplies, etc., that time is compensable.

Trick #2 Not Paying For Waiting or

On-Call Time

If you are not free to come and go as you please, and use this time for your own benefit (such as, you have to return a page or email within 2 minutes, or be within 15 miles of work), there is a strong likelihood that you should be paid for that time.

Richard Celler Legal, P.A.

Trick #3 Paying by the Piece, the Day,

or the Job

While all of these pay methods are acceptable, you still have to be paid overtime for any hours you work over 40 in a workweek.

Trick #4 Rounding Time Down

The fact is, if your employer is rounding your time, there is a good chance they are stealing from you.

Trick #5 Requiring to Give Off-hours

Duties

Richard Celler Legal, P.A.

For instance, employers require to:

• arrive at the workplace earlier (before clocking in) to do prep work

• have before-hours or after-hours meetings

• attend mandatory & voluntary trainings

Trick #6 Pretending Not to Know

Workers Are Working Through Lunch

Trick #7 Requiring to Volunteer

If you have been required to volunteer and are supervised or are likely to suffer consequences if you don’t volunteer, then you likely qualify to have been paid for your time.

Trick #8Telling, “You Are Salaried, So

You Don’t Get Overtime”

Richard Celler Legal, P.A.

There are some employees who, because they are salaried (at least $455 per week) AND because they perform certain duties are not entitled to overtime. BUT…

If you are paid a salary and are doing manual labor, or not supervising anyone, or not making important decisions on behalf of the company, you likely are entitled to overtime.

Trick #9Combining Weeks to Avoid

Paying Overtime

Unless you work for the government, “comp time” is illegal. If you work 50 hours in one week and 30 hours in the next week, you are still entitled to 10 hours of overtime pay.

Trick #10 Telling, “Salespeople Don’t

Get Overtime”

Richard Celler Legal, P.A.

If your commissions don’t exceed your base pay, you generally are entitled to overtime pay (except if you work at a car dealership).

Trick #11 Telling, “You Are an

‘Independent Contractor’”

A person is an employee if:

• his company controls the time, place and manner of his work

• if he can't work for other companies• can't hire his own assistants• answer to company work rules

Trick #12 Combining Non-exempt

Duties

It’s not uncommon for employers to try and save money by cutting non-exempt jobs and giving those duties to exempt employees. If you have an exempt job, it translates into double the work, same pay.

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