If you have been working and your employer hasn’t paid you, you may wonder what action you can take.
You do have rights, and there are laws in place to protect workers like you. The Fair Labor Standards Act (FLSA) was enacted to protect employees and has established minimum wage and set the requirements for paying overtime. Overtime is to be paid at one and a half times the regular hourly rate for any hours worked in excess of 40 hours per week.
If you are working, but you are not being paid, you are the victim of wage theft. Wage theft is more common than you may think. There are billons of dollars of wage theft that takes place every year. If your employer has stolen your wages, then you can file a claim against them.
Through this claim you can recover your wages plus interest. Your employer may also face penalties enforced by the legal bodies that oversee employment law matters.
As an example, an employer also faces a $10,000 fine or penalty for the first FLSA violation. Subsequent violations lead to fines and even jail time could be faced by your employer if they are willfully and intentionally breaking the law.
You should always look out for your best interest and make sure that your employer is treating you fairly. Report any pay discrepancies right away.
When Are You Able To File A Claim Against Your Employer?
If you have been the victim of wage theft, you can pursue a claim against your employer. There are several ways that wage theft can take place. While withholding your wages or failing to pay you does count as wage theft, there are situations in which wage theft isn’t so obvious. As an example, they may take frivolous deductions from your check, or they may take out more than they are legally allowed to withhold.
You may not be paid overtime for the hours that you are entitled to receive it. You may not be paid at the agreed hourly rate, or your employer may have changed your timecard and shorted you some of the hours that you have worked.
Withholding pay or illegal deductions are forms of wage theft. If you have suffered any kind of wage theft, you can pursue a claim against your employer.
You will file your claim with the Labor Board or Labor Commission. It can be filed by mail or in person. You will need to provide supporting documentation, such as employment contracts or agreements and any paystubs that are available. Also, copies of timecards or documentation detailing the hours that you worked during the time period in question. The proper agency will investigate your claim, and if they find that you were indeed the victim of wage theft, they will work to recover those wages.
Your claim could escalate to court. You are entitled to your wages plus interest. The employer may face civil fines or penalties and they may be held responsible to cover your legal fees and court costs.
The FLSA gives you two years to pursue a wage theft claim, but state laws may offer different time limits. Usually, you have anywhere from a year to three years to pursue your lost wages. If you miss that deadline, then you cannot recover your lost earnings.
Get Help From An Employment Law Attorney
If you are not paid for the time that you have worked, then you will want to enlist the help of an employment lawyer who handles wage theft cases. Your attorney will investigate your claim and gather the supporting evidence and documentation that your claim needs to succeed.
Your attorney will also help you determine the value of your claim and the total of your losses.
Your employer will have legal representation, so make sure you have someone who is looking out for you as well. Many employment law attorneys take cases on a contingency basis, so if your lawyer does that you will not have to pay anything upfront.
Don’t wait until it is too late to recover your damages. Complete the Free Case Evaluation Form on this page today to get your wage theft claim against your employer on track. Now is the time to pursue a claim against your employer and recover the wages that you worked hard for.
