Wage theft takes millions of dollars from American workers every year. The phrase wage theft generally refers to employees who are being denied full compensation for their work under the law.
If you are the victim of wage theft in Kansas, you will need to file a complaint to recover compensation for your lost earnings and wages. You will need to research state and federal laws, so you can get your claim on the right track and prove that you were not paid for all your earnings.
You should always keep copies of your employment records, such as paystubs and timecards. Document hours worked, breaks taken, and who you were working with so they can be contacted as witnesses.
Even if you notice a slight discrepancy, you should speak with your employer about the situation. Lost wages can add up fast, and you do not want to wait until the matter has gotten out of control before it is properly addressed. It is important that you act in a timely manner and calculate your losses.
What Do You Need to Know Before You File a Wage Theft Claim in Kansas?
If you have been the victim of wage theft, you will need to understand the guidelines that apply to your situation. The Kansas Wage Payment Act controls the payment of wages and benefit, including withholding and notifications, payment on separation, and the timing of payment.
The Act is applicable to all employers. In Kansas, employees must be paid at least minimum wage, which is $7.25 per hour. The minimum wage requirement applies to all employers except those who are covered by the provisions of the federal Fair Labor Standards Act (FLSA).
Employees must receive one and a half times their hourly wage rate for employment exceeding 46 hours of work each work. If you work more than 46 hours per week, you must be paid overtime unless you are considered a non-exempt employee.
When an employee has been the victim of wage theft in Kansas, they have two options for recovering their lost wages. You can either file a claim with the Kansas Department of Labor or they can pursue a private lawsuit against their employer to recover any unpaid wages, associated costs, and any reasonable attorneys’ fees.
How To Report Wage Theft
If you are the victim of wage theft in Kansas, you may want to get your claim underway. You will file your claim with the Kansas Department of Labor. You should not delay contacting the Department of Labor to get your claim underway.
If you wait too long, you may not be able to recover your losses. The Department of Labor will need to be provided copies of all your evidence and supporting documentation. You will also need to complete the complaint form in detail.
The employer has the responsibility of proving that your allegations are not accurate. If they cannot do that, then your claim is considered legitimate and you will be awarded your lost earnings and damages.
The Department of Labor will contact your employer and will work to try to get the matter between you and your place of employment resolved, and help you recover your lost earnings. The laws are in place to protect workers from unscrupulous behavior.
Fill Out a Free Online Evaluation Form
If you think you have been subjected to wage theft by your employer, you should fill out a Free Case Evaluation form. A employment law attorney who is licensed to take cases in Kansas will be familiar with the laws that apply to your specific situation.
With the help of an attorney, you may be more likely to succeed with your claim and recover compensation for your damages. Be sure to have all your supporting evidence and documentation in order, so you can show how much you are owed and what you are owed for.
Wage theft attorneys have different payment plans. Some attorneys take cases on a contingency basis, which means that they are not paid until you recoup compensation for your losses after you have won your claim. Some attorneys require a retainer to be paid in advance or they charge a flat rate or an hourly rate for representation. Be sure to discuss your attorney’s payment plans when you retain their services.
To ensure your claim gets underway in a timely manner before the statute of limitations runs out, complete the Free Case Evaluation Form on this page to share the details with a lawyer that takes cases in your area.