Failure to Pay Full Wages for Training, Mandatory Meetings, and Deep Cleans
Many employees in Atlanta and around the country are not clear about whether they are entitled to pay for mandatory meetings, training, and deep cleans. Are employers supposed to pay full wages for time spent outside of the regular work schedule for meetings and other events directly related to their employment? Those in need of more information regarding an employer’s failure to pay full wages may want to consider visiting with Hall & Lampros, LLP at (404) 876-8100.
Hall & Lampros lawyers have recovered for hundreds of employees in the restaurant, construction, and other industries for employers’ failure to pay full wages for mandatory meetings, training, and deep cleans. This is a consistent problem in the restaurant industry where restaurants pay tipped wages (rather than the required full minimum wage) for these pre-shift meetings, training, and deep cleans. The construction and other labor industries also often violate wage laws by failing to pay for mandatory safety meetings and other start-of-the-day meetings, training, and end-of-day clean-up.
Mandatory Attendance
When an employer requires employees to attend meetings, training, and other events it is considered “hours worked” according to the United States Department of Labor. This means that full wages should be paid for the hours/time spent training, deep cleaning, or performing other tasks mandated by the employer. In Georgia, the current minimum wage is $5.15 per hour, however most employers pay the federal minimum wage of $7.25 per hour. Regardless of the hourly rate, employers may face legal issues for failure to pay full wages to employees when their attendance is required as a condition of employment.
Minimum Wage and Overtime
Employees are entitled to minimum wage in all states, although the hourly rates vary significantly depending on the state. When an employee works 40 hours over the course of a defined week, they should receive full wages for that week. Today, many employers pay well above the federal minimum wage, some paying $15 or more per hour.
Regardless of the hourly wage, overtime is generally paid at “time-and-a-half” or 150% of the regular rate. For example, if an employee is paid $10 per hour for regular hours, the overtime hourly rate of pay would be $15. Employers must pay overtime to employees who work more than 40 hours in a single work week. Failure to pay full wages for hours worked or for mandatory training/meetings is against the law. Employees who believe their rights to full wages have been violated may want to consider scheduling a consultation with Hall & Lampros, LLP.
Suing for Failure to Pay Full Wages
When an employer violates federal wage and hour laws by failing to pay the full wages to which an employee is entitled, it is known as “wage theft.” While individual state labor laws apply, the United States Department of Labor’s Wage and Hour Division enforces the Fair Labor Standards Act, which is a labor law creating the right for employees to minimum wage and overtime pay for hours worked over 40 each week. When an employer fails to pay full wages for time worked and will not resolve the issue fairly, an employee may file a claim through the Wage and Hour Division.
Employees can bring private lawsuits against employers for failure to pay full wages in some cases. There are certain circumstances in which an employee may not file a private lawsuit including:
- Back wages are paid to the employee under the Wage and Hour Division’s supervision
- A suit has been filed by the Secretary of Labor to recover unpaid wages
- The statute of limitations has expired. This is the two-year limit on filing a lawsuit in most cases other than willful violation, in which the statute of limitations is three years
Filing a Complaint with the Wage and Hour Division
Employees with complaints regarding failure to pay full wages, whether for mandatory meetings, training, or in the normal course of work, can file a claim with the WHD which is completely confidential. The information that should be provided includes:
- Full name, address, and phone number
- Name of the company where currently or formerly employed (company in violation)
- The company’s physical location
- Names of the company’s owners, supervisors, or managers
- What type of work the employee did
- How the employee was paid (hourly wage, salary) and frequency of pay (weekly, bi-weekly, monthly)
It is also useful to provide evidence such as personal records of hours worked, pay stubs, or bank statements if pay is direct deposit. It can be helpful to speak with an attorney who focuses on employment law for those who need guidance.
Consider Scheduling a Consultation with Hall & Lampros, LLP
Failure to pay full wages when an employee is lawfully entitled to those wages is theft. Whether an employer mandates employees attend meetings, training, or other events, an employee should be paid what they are entitled to. Those in need of legal support or who have questions may want to consider reaching out to Hall & Lampros, LLP at (404) 876-8100.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.