Wage Disputes

That depends. First, employers can pay different rates as long as the decision to do so is not based on protected class. There are several laws that make pay discrimination unlawful, though. Employers cannot pay women less than men for doing the same or equal jobs under the Equal Pay Act (“EPA”) as well as Title VII. Employers are precluded from paying reduced wages for the same job based on race under Title VII and § 1981 of the Civil Rights Act. Title VII also prevents lower wages for the same work based on national origin, sexual orientation, gender identity, pregnancy status. Likewise, employers cannot provide lesser pay based on age and disability (or perceived disability) under the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Americans with Disabilities Act (“ADA”) respectively.

Employers can defeat a claim for pay discrimination by providing sufficient evidence that the pay discrepancy is based on any of the following: (1) an established seniority system; (2) an established merit-based system; (3) an established system that allocates pay to employees based on the quantity or quality of each employee’s production; or (4) any other legitimate business reason other than a protected class. (Read more: What Is Pay Discrimination? What Can I Do About Pay Discrimination At My Job?.

That will depend on the particular nature of your wage dispute. Claims for wage discrimination can be brought under the Equal Pay Act (“EPA”), Title VII, the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), and § 1981 of the Civil Rights Act. Claims brought under Title VII, the ADEA, and the ADA must first go through a very complex process with the EEOC where a false step or failure to check a particular box could result in a lost claim. Meanwhile § 1981 and EPA claims do not have to go through the EEOC and can go right to court.

If the wage dispute is over unpaid or underpaid overtime or your employer’s failure to pay you minimum wage, the claims will proceed under the Fair Labor Standards Act (“FLSA”). Depending on whether your employer is just not paying you correctly or has a bad wage policy that results in several employees waving their wages stolen, will depend on how the complaint is formulated to start your lawsuit.

However, the simplest and best results sometimes happen when a qualified wage and hour attorney points out the problem before filing a lawsuit and can negotiate the proper payment of missing or disputed wages.

The Fair Labor Standards Act (“FLSA”) requires employers to pay employees timely, with timeliness decided by state laws. This includes an employees last check. Employers cannot deem a final paycheck forfeited if an employee refuses to give two-weeks’ notice or allegedly not returned a uniform. Likewise, it is unlawful to withhold the final paycheck of a fired employee even if the employer thinks that the reason for termination will cost the company money – like when an employee no-call, no-shows for a job that is then lost; or for damage that an employee causes to machinery or a vehicle. Unlawful deductions or withhold of a worker’s last paycheck are types of wage theft that you should consult with an FLSA attorney about.

Importantly, employers who are found to have either repeatedly or willfully violated the FLSA pay requirements, including by withholding a final paycheck, may be required to pay double the amount owed and pay reasonable attorney’s fees and costs of the lawsuit to the worker.

The simplest wage dispute issues start with a mistake calculation or recording of your hours or having improper tax calculations. These may be resolved by checking with HR, your boss, or the payroll company. Beyond that, there are a lot of complex pay issues that can arise, including pay discrimination, not paying you time and half for all hours worked in a given workweek, calculating overtime wrong by not including all your pay beyond your hourly wages, misclassifying employees as exempt just because they are paid a salary, mislabeling employees as independent contractors when they are really employees, making you work off the clock, or firing you because you reported wage issues or just because you discussed your wages with coworkers. It is critical to consult a qualified wage theft lawyer to help with these issues as soon as they arise. (See also: Can “Independent Contractors” Actually Be Employees Under The FLSA?; Does Standby Time Count For Overtime Pay Calculations?; Is My Manager Personally Liable For Overtime Violations?.