what can be done about an employer taking advantage of an employee and paying a little over half of minimum wage?
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what can be done about an employer taking advantage of an employee and paying a little over half of minimum wage?
I know someone who has worked with
a certain company for about two
years, since the beginning of
employment, he has been getting
paid by the day at a rate of 60
dollars a day, for fourteen hour
days. He agreed to this, but is
regretting that decision. Is this
legal? Is there anything that can
be done?
Asked on July 25, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employee cannot agree to take less than minimum wage: it is the legal minimum set by law. They also cannot give up their right to overtime (time and a half) for all hours worked past 40 in a week. The employee may have a legal claim for the difference between what he was paid and what he should have been paid (at minimum wage, and including overtime as applicable) for the last 2 years (wage claims can only go back 2 years). The employee should contact the state department of labor to file a wage complaint for the money owed, and/or speak with an employment law attorney about suing.
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