If an employee quits, is fired, or gives a notice of resignation, there are certain laws enacted to help regulate paychecks. Some employers may try to get out of giving an employee his or her last paycheck.
However, these laws protect workers and ensure that they are treated fairly. Wage theft has become a serious problem many U.S. workers face, so there are laws in place to ensure that employers are held accountable.
Where Is My Paycheck?
Sometimes there is a problem that arises, which is called the withholding of a check. Withholding a check is associated with the mandatory deductions you are required to take out of employees’ paychecks.
“Withholding a paycheck” however refers to an employer’s refusal to compensate an employee for the services that he or she rendered for the company.
Federal laws are in place to protect employees from wage theft and other illegal actions and unscrupulous behaviors from employers. Most states have enacted additional laws as well.
Those state laws will help with the matter as well. If you have been the victim of wage theft, there are state and federal laws to protect you and help you recoup the compensation that you have lost as well as any other damages that you may be entitled to receive.
If you have not received your paycheck and you should have received it, you should speak with your employer’s human resources department.
If they don’t address the matter, then you should file a complaint with the Wage and Hour Division so they can investigate the matter and tell your employer that you must be paid and your wages cannot be withheld.
Learn Your Rights
If you have been the victim of wage theft, the first step is to file a complaint with your employer. You will need to review the details of your claim and compare your complaint with the supporting documentation that you have provided.
If your human resources (HR) department doesn’t step up to the plate and review your claim to determine its eligibility, the claims process will move slower and it can be stressful and difficult for you.
The Fair Labor Standards Act (FLSA) was enacted in 1938. The FLSA is a federal law establishing minimum wage, overtime pay eligibility, recordkeeping, and child labor standards that affect both part-time and full-time workers in the private sector as well as local, state, and federal governments.
All employees that hold jobs covered by the mandatory overtime provisions are protected by the FLSA.
State laws establish the frequency of paydays and how long an employer has after your pay period to issue your paycheck. If your paycheck is not given to you on the set payday, then it is considered late.
Regardless of whether it is a day late or a week late, the employer has violated the law and can face harsh penalties for paying its workers later than required and agreed.
Your rights as an employee include receiving no less than minimum wage, being paid overtime for any hours worked in excess of 40 each week unless you are considered non-exempt, and timely payment of your earnings.
How An Employment Lawyer Can Help
If you have been a victim of wage theft, there are resources available. Wage theft claims can be complicated. An employment law attorney is familiar with the state and federal laws that apply to your situation.
An attorney will help you gather the supporting evidence and documentation that your claim needs to succeed. A lawyer will also be able to determine the extent of your damages, so you can be fairly compensated for your losses.
While some employment law attorneys require that a retainer be paid upfront, there are some employment law attorneys who take cases on a contingency basis.
Those lawyers will not be paid until you win your case and recoup your losses. When you get your claim reviewed by an attorney, be sure to discuss their payment and the process for it.
With the help of an attorney, you can build a strong claim, gather supporting evidence, and then negotiate a settlement with your employer who stole your hard-earned money.
You only have 180 days from the date of the incident to pursue a wage theft claim, so don’t wait until it is too late.
If you miss the deadline, you cannot recoup your losses. Complete the Free Case Evaluation Form on this page today to share the details of your wage claim with an employment law attorney.
