Here is what we see as the top 10 paycheck violations:
1. Overtime not paid when more than 40 hours worked in a week at 1.5 times the regular rate of pay.
2. Deductions for mistakes, breaking dishes, cash register shortages, dine and dash, etc. can be illegal.
3. Tip Pool sharing with management, cooks, dishwashers and other non-service positions can be illegal.
4. Time Stealing when punched in and out times are reduced, always rounded to employer’s benefit, or automatic deduction for lunch when not taken.
5. Independent Contracts/1099 misclassification so employers can avoid paying taxes, overtime, and other benefits.
6. Vacation Time not paid out when you stop working for any reason.
7. Unpaid Work by making employees work when not punched in or when they are at home.
8. “Salary” or “Exempt” classification to avoid paying overtime can sometimes be illegal.
9. Minimum Wage not earned because employee must pay expenses like gas.
10. Servers working for below minimum wage and performing excessive (more than 20% of their time) non-tipped work like cleaning.