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Wage Agreement Questions

Federal and state laws leave it largely up to employers and employees to work out what the compensation or wage agreement will be. Employers must make sure to stick to what the employees have been promised in the way of pay methods and pay rates. A wage agreement can be established by both verbal and written contracts, so all oral and written communications to employees regarding pay should be carefully expressed. In most cases, generally wage agreement questions might be over whelming to some people and can turn to the Experts to find their answers. Listed below are the top five wage agreement questions.

If a union laborer works on a prevailing wage job does the employee have to pay fringes into the union if they have paid the laborer fringes per the prevailing wage agreement?

The prevailing wage laws under the Davis-Bacon Act are only between the employer and the employee. The union can help negotiate the wages, etc., but it is not legally entitled to a fringe benefit under this act. However, the union agreement pay requires something like this. If so, the contractual agreement would govern whether or not the employee would have to do this.

In North Carolina, if an employee receives a job offer, reached a wage agreement, and was given a start date, but was informed the employer was going to hire someone else for the position, what legal recourse does the employee have?

Unfortunately unless the employee and the employer signed an actual contract for employment that was not subject to any contingencies, the employee really has no legal recourse. The reason is because all job "offers" are just that, offers, and are not binding on either party. This is especially true since NC is an employment "at will" state and either party is always free to terminate an employment agreement with no notice and for any reason.

Can school districts require a teacher to pay back funds that they say the teacher was overpaid for?

In most situations, the answer is yes the school district can require the repayment of any overpayment not due to the teacher. In fact any employer can do so. The only constraint is whether or not it was a true overpayment and whether or not there is an employment contract or employer policy that states differently.

Someone that works for a furniture retail store, with a wage agreement along with specified commission agreements, but the employee is not receiving their proper commissions, what can legally be done?

If commissions are being wrongly withheld, the employee should consider sending a letter demanding the amount due to them. However, it may be more effective coming from a lawyer and proceed with a lawsuit if the wages and commissions are not paid.

In the state of Arizona, if someone was hired to do a job and both employer and employee signed a wage agreement, but the employee is not receiving the wage promised, what can the employee do legally to get the wages owed?

First, if the employee was hired and promised a particular wage, and then performed the work required, the employer is required to pay the employee at the wage promised for any work already performed (even a government agency). Although the employer can change their rate of pay in the absence of an employment contract, they would still have to pay the employee at the agreed upon rate for any work already performed. If the employer fails to do so, the employee can file a wage claim with the Arizona Industrial Commission.

Since state payday laws are enforced according to the terms of the wage agreement, employers need to ensure that they say what they mean and mean what they say. Wage agreements that are ambiguous, i.e., can be understood in two or more different ways by different people, will usually be resolved against the employer, since the employer was presumably in charge of how the agreement was reached and is responsible for expressing its intent clearly. Wage agreements can cause many questions that people do not know the answers to. When someone is facing a wage agreement questions they often times seek answers from the Experts.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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14 Employment Lawyers are Online Now

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