They are the unsung heroes of many industries by installing products, completing repair projects, and performing routine and complex maintenance.
From heating and cooling professionals that bring back to life broken systems to computer hardware experts that optimize the performance of servers, service technicians keep businesses humming along throughout the United States.
Sometimes, employers take advantage of service technicians by shorting on compensation. If you work as a service technician, and your employer has failed to live up its legal obligations, then you might have a strong enough case to file a civil lawsuit against your employer.
Service technicians typically earn much more than both the state and federally mandated minimum wage. Specialized skills that include wiring computers and adjusting the timing belts on automobiles require a well-trained and often certified professional.
The typical compensation issue for service technicians revolves around payment for overtime. Service technicians often work on call, which means they frequently have to work additional hours beside the standard nine to five work day.
Some employers like to fudge the number a bit when it comes to paying overtime wages. This means that as a service technician, you need to understand your rights as a worker in the United States
Getting Paid for Overtime
Employers have two ways to cheat service technicians out of overtime pay. The first method involves rolling over hours worked over a two week period instead of a pay period that lasts one week.
For example, let’s say your worked 45 hours last week, but only 34 hours this week. Your employer might claim you averaged fewer than 40 hours a week.
Federal law stipulates that employers must pay overtime to employees that work more than 40 hours per week. The second way to cheat you out of overtime pay is to claim certain job functions as unnecessary.
This can mean your employer refuses to count the time spent driving to and from jobs as part of your job duties.
If your employer has violated overtime law or any other type of labor law that covers compensation, you should fight back without having to fear retribution by the company.
Five states and the District of Columbia have enacted wage theft retaliation protection laws that carry significant penalties and punishments. Seven states have passed wage theft retaliation protection laws that result in minor penalties.
Understanding How to Fight Back against Wage Theft
Service technicians can clock into work or keep track of the hours worked for every job performed during a pay period. If your employer operates on a per job hours worked system, the key for getting stolen wages back is to keep track of the hours you worked for every job.
If your employer has installed a time clock, you need to make sure to clock in and out every day to ensure you get paid for every hour worked.
Take your time keeping records into a meeting with a human resources manager to discuss the back wages owed to you for working overtime, or the back wages owed to you because your employer reduced the number of hours used to calculate compensation.
Your employer might have made an honest mistake, and it is willing to compensate you for any wages owed. However, some employers refuse to back pay wages stolen from employers.
This is when you start to apply pressure by contacting the state Department of Labor. After an extensive investigation, the state
Department of Labor might find your employer intentionally withheld compensation from you. Your company has a limited amount of time to pay you the money pilfered because of wage theft.
Get a Free Evaluation
Working with an employment attorney who specializes in litigating wage theft cases offers you the best chance of recovering stolen wages.
He or she knows how to present persuasive evidence in front of a civil court judge, as well as apply the legal standards established by state and federal labor laws.
One such law at the federal level is called the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay on a regular schedule and compensate employees on time.
If your employer failed to follow state and/or federal laws, then you have the right to file claim seeking back pay. Courts can also award plaintiffs what is called liquidated damages, as well as court costs and legal fees.
Some states like Colorado, California, and New York have established more protective wage theft laws.
Schedule a free case evaluation to determine the best course of legal action.
