Wages

Can my employer refuse to pay me overtime?

Under both federal and state law, employers must pay overtime wages to certain employees.  In an effort to work around this requirement, employers often argue that the employee is either an "independent contractor" or a "salaried employee."  If accurately applied, these classifications can preclude an employee from receiving overtime pay.  The law, however, recognizes that these categories are quite limited.

If you believe that your employer is not paying you overtime and is improperly classifying you as either "salaried" or as an "independent contractor," you should contact an attorney promptly.  There are penalties an employer faces when it doesn't properly pay overtime and you need a lawyer who will protect your rights.

Can my employer pay me a different wage because of my gender?

The federal Equal Pay Act precludes an employer from discriminating against an employee in pay because of gender.  If you feel as though you have been paid less than your male counterparts, it is possible that your employer has violated the Equal Pay Act.  Of course, the law does not preclude an employer from paying someone differently for other reasons (e.g. tenure with the company, job responsibilities, education).  

Can my employer make deductions from my paycheck?

The right of an employer to make a deduction from a paycheck is very limited.  There are certain things that can clearly be deducted like taxes, withholdings pursuant to a court order and employee benefits.  There are times, however, when employers make deductions from pay for reasons that are not allowed.  For example, an employer might believe that an employee owes money to the employer for some reason.  In these cases, the law rarely allows an employer to withhold wages.  

If you believe that your employer has wrongfully withheld wages from your paycheck, you should contact a lawyer who will protect your rights.