Joseph M. Epting Jr.’s Answers

Joseph M. Epting Jr.

Columbia Personal Injury Lawyer.

Contributor Level 5
  1. What are my options if my paycheck bounces.

    Answered over 3 years ago.

    1. Joseph M. Epting Jr.
    1 lawyer answer

    Your employer is in violation of state wage and hour laws as well as federal wage and hour laws. SC Labor Licensing and Regulation (LLR) has a wage division as well as the Federal Department of Labor wage and hour division. These agencies can give you help in getting your pay check but will not help you receive the extra damages you are owed. I would suggest that you contact a wage and hour attorney. Most firms skilled in this area should handle the case on a contingency fee basis.

  2. Can an employer hold your check due to money being missing out of the register?

    Answered over 4 years ago.

    1. Joseph M. Epting Jr.
    1 lawyer answer

    Deductions for damages or shortages are deductable only if the employer gives written notice of the policy to the employee at the time of hiring. Further, there are state statutes governing the payment of checks and Federal statutes that may be violated regarding minimum wage. These cases have liquidated damages provisions and attorney fee provisions. You should speak with an attorney who has experience in federal and state wage laws right away.

  3. Is an employer required to make up the difference in base pay and minimum wage if you don't make enough in tips?

    Answered over 4 years ago.

    1. Joseph M. Epting Jr.
    1 lawyer answer

    No. it is not legal and is a violation of the wage provisions of the Fair Labor Standards Act. The act itself provides for damages and attorney fees. There is a statute of limitations that allows you to look backwards for 2 years, possibly 3 years. There are also retaliation provisions that protect employees under the statute. I would see a wage and hour attorney immediately. Most attorneys who practice wage and hour law represent employees in cases all over SC.