McKinney, TX – It is not always easy to tell whether an employer has made honest mistakes when paying workers or if they are intentionally committing wage theft. In either situation, the worker has the right to obtain copies of records detailing their hours and wages, and any errors need to be corrected. When missing wages are discovered, the worker has the right to receive all of their proper pay. If there are any issues with the employer or disputes, legal advice is recommended to resolve the situation properly.
Types of payroll errors
A worker may not have had all of their hours logged into a payroll system, they may not have been paid overtime for work in excess of forty hours, and their pay rate may be incorrect. If there is a legitimate mistake with payroll software or some kind of clerical error, the company should fix this quickly and there will generally not be any further issues. If this kind of improper pay is an isolated incident, it may be a genuine mistake.
It is also possible that the workplace is taking illegal deductions out of the person’s pay. In most situations, taxes, social security, and certain other benefits are the only things that should be deducted. Any suspicious deductions on a pay statement should be reviewed with human resources or an attorney. Even if the workplace is mistaken about what they can legally subtract from a worker’s pay, they are still bound by wage and labor laws that require legitimate compensation for all hours worked.
Another issue that tends to cause serious problems with pay is when a worker is improperly classified. Workplaces can save money by merely telling a worker that they are exempt or salaried, often as an excuse to never pay overtime. People who should be employees are often told that they are independent contractors as well, which can result in no benefits, overtime, and a general lack of protection.
Remedies for wage theft
If a mistake is discovered, the employer must correct the issue and give the worker all of the wages that they are owed. This may include back pay, plus interest, along with any other payments necessary to ensure that the worker has received all of their proper wages. If a labor board investigates and discovers widespread illegal practices, the employer can also be fined or sanctioned in various ways.
Finding legal assistance after a workplace problem
Moore and Associates is a employment law firm that helps people in McKinney and other parts of Texas who need to speak with a lawyer. Their attorneys provide advice about various aspects of labor law.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002