Did everyone but you get a workplace bonus?
In 2014, McDonald’s made headlines when a lawsuit was filed for unfair pay practices. The lawsuit which represents about 500 employees against the McDonald’s franchisee was granted federal class action last year. The lawsuit claims that a Northern California franchisee deliberately refused to pay overtime, reduced pay by incorrectly recording pay times, failed to pay minimum wage, and failed to pay final wages to employees that had quit or had been fired.
Federal laws like the Equal Pay Act and Fair Labor Standards Act are in place to ensure employee rights against pay discrimination in the workplace. According to the Equal Employment Opportunity Commission employee compensation covers more than just the wage paid to an employee. Employee compensation covers:
- Overtime pay
- Stock options
- Life insurance
- Profit sharing
- Vacation and holiday pay
- Hotel allowances
If an employer has ever withheld your pay in any form what are your options?
Options for Unfair Pay Practices
Talk with Your Employer
If the situation permits, try to resolve the situation with your employer by meeting and discussing your concerns. If you’re unable to meet with your superior try to meet with the personnel department to see if the issue can be resolved.
File a Wage Discrimination Complaint
If the matter can’t be resolved with your employer, you can file a complaint with the Equal Employment Opportunity Commission. The EEOC will open up an investigation and determine the appropriate remedy for each individual case. Time limits vary depending on if you choose to file a lawsuit or a discrimination claim with the EEOC.
Under the Equal Pay Act you can file a discrimination claim or you can file a lawsuit. With the EPA there is a statute of limitations of 2 years from the time you received your last discriminatory paycheck. Time limits can be extended to 3 years if it’s discovered that the pay discrimination was deliberate.
Title VII of the Civil Rights Act of 1964 also prohibits unfair pay practices based on sex. If you file a claim or lawsuit under the EPA you should also file a claim under Title VII. You must file a claim with the EEOC under the Title VII law before pursuing a lawsuit.
If all of the information above confused you more than it helped, it might be time to hire an attorney that has the knowledge, expertise, and the tenacity to fight for your compensation!