One way in which many business owners get into trouble is by failing to keep accurate records of the hours each of their employees works. Without these records, it may be impossible to know when an employee qualifies for overtime pay and how much pay that employee should receive. Failing to pay the minimum wage for the state and 150% of that rate for overtime is too common among West Virginia employers.
Employers may have to pay fines
Employers who do not pay the required amount of overtime may face some serious penalties under the Fair Labor Standards Act (FLSA). This can include back payments of unpaid overtime with interest and possibly other damages. For one employer in a different state, this added up to over $123,000 after 55 employees reported FLSA violations.
Investigators concluded that the owner of a chain of three vape shops had violated the law in numerous ways. Instead of paying his employees an hourly wage, he gave them a flat salary. This excluded them from the opportunity to earn overtime pay for the many hours they worked beyond 40 in a week. The employer also violated the law by failing to keep accurate records of his workers’ hours so he could pay them a fair wage.
How to respond to violations at your workplace
While this case ended positively for the employees of this company, many workers in West Virginia miss out on their chances for receiving the full amount they have earned because they do not understand how to protect their rights. When an employer deprives workers of legal overtime pay, workers may lose thousands of dollars over the course of their employment. Speaking with an attorney is a wise first step when dealing with potential FLSA violations.