The Consequences Of Violating Of Wage And Hour Laws

The following article will cover:

• The implications that employers may face when in violation of wage and hour laws.
• The distinctive qualities our firm aims to provide in these cases.
• The strategies you can use to avoid wage and hour regulation breaches.

What Are The Implications For Employers Who Violate Wage And Hour Laws?

Employers who violate wage and hour laws face a broad spectrum of consequences:

• Criminal Penalties: In the most severe cases, violators might face criminal penalties, including imprisonment. For instance, some employers have been arrested for underpaying workers they pick up informally, significantly under-compensating them compared to the agreed-upon wage.
• Civil Penalties: Less severe, but still significant, are cases where employers might have miscalculated wage rates. In such instances, they might be required to issue restitution checks, correcting their oversight.
• Liquidated Damages: In New York, there's the added burden of liquidated damages. For example, if an employer underpays by $100, they owe an additional 100% as damages, making the total $200, along with statutory interest. If the underpayment is proven in court, the employer is further obligated to cover the employee's legal fees, which can be substantial.
• Frequency of Pay Cases: Violations around payment frequencies, especially with manual laborers, can mean employers end up paying up to 300% for a single week of work.
• Record-Keeping and Notice Violations: Failing to maintain proper records, or neglecting to provide employees with written notices about pay rates, overtime, and other essential details can result in a $5,000 penalty per employee. Inadequate pay stubs also come with their own penalties. For instance, in New York City, if sick pay accruals aren't correctly shown, an employer can owe multiple employees up to $5,000 each.

The cumulative effect of these penalties can become exceedingly costly, especially when multiple employees bring claims simultaneously.

How Does Coren Law Group Guide Employers On Wage And Hour Regulations To Avoid Future Breaches?

Our approach often varies based on the employer's nature and size. However, there's a fundamental element that cannot be stressed enough: the importance of record-keeping. Without comprehensive records, an employer is vulnerable. This is akin to being unguarded, and in such a state, inevitable harm can occur.

As a result, the crux of my guidance revolves around ensuring employers understand the essentials of record-keeping. By comprehensively documenting every aspect of employment, from wages to reasonable accommodations to terminations, employers shield themselves against potential disputes.

Also, my role often involves breaking down the complexities of the employment relationship into digestible, actionable steps. I'll often request employers to draft a sample record, which I then assess and refine, to help them make sure they have a solid understanding of the concepts at hand.

Moreover, it's imperative for senior employers to routinely validate records, especially if they've delegated responsibilities to front-line managers. Blind trust is detrimental. Just as one counts the change received from a cashier, employers must scrutinize the data they receive. Whether it's about regular hours, overtime, sick leave, or vacations, meticulous attention is key.

What Makes Your Counsel Unique And Why Do Clients Value Your Expertise?

My fervor for this field is evident, but what sets me apart is my straightforward and approachable communication style. I prioritize making the law understandable without intimidating or belittling my clients. From my perspective, everyone deserves to understand their obligations and rights.

What’s more, my focus is not merely on adhering to regulations for peace of mind, but as a shield against potential claims. By proactively addressing concerns, most grievances from employees can be preemptively resolved. Of course, there will always be exceptions, but effective hiring processes and thorough HR procedures can mitigate many issues from the outset.

I’ve found that clients resonate with this approach even more because they recognize my extensive knowledge of labor and employment law. More importantly, they appreciate my humility and relatability. I never elevate myself above others, I only view myself as another professional doing his job proficiently, helping others navigate their unique challenges. For more information on the Consequences Of Violating Wage And Hour Laws, an initial consultation is your next best step.