The federal Fair Labor Standards Act (FLSA) sets the nationwide minimum wage, the requirements for overtime eligibility, requirements for paid and unpaid breaks and time off, among other employment issues. In addition, both Missouri and Illinois have set statewide minimum wage rates that are higher than the federal rate, so the state rate applies in both cases.
There are many different ways that your employer may deny you the full amount of wages you deserve. Some common wage claims involve the following issues:
- Failing to pay the minimum wage in your state
- For tipped employees, not ensuring that tips add up to the minimum wage
- Not paying time-and- a-half for all hours worked over 40 if you are eligible for overtime pay
- Inaccurately classifying employees as exempt from overtime
- Inaccurately classifying employees as independent contractors to avoid compliance with wage laws
- Not paying you for all time worked, including prep time and clean up
- Not providing the required paid rest breaks
- Not paying you for vacation or sick time in line with company policies
- Delaying a paycheck beyond the allowed period of time
- Not providing you with a final paycheck
- Taking illegal deduction from your paycheck
In addition, your employer is not allowed to take any adverse action against you if you complain of a possible wage violation, as this constitutes unlawful retaliation under the law. An attorney can review your situation and determine whether you have a possible wage claim against your employer.