Custodians have a demanding job and perform a much-needed service. If you are a custodian, you are most likely paid an hourly wage.
When your employer hired you, you should have been given an employee handbook and you were most likely given an employment contract or agreement.
You were made aware of your payrate and the frequency of your paychecks. If you are not paid in a timely manner, it can cause a significant financial challenge for you and your family.
If you haven’t been paid as a custodian, you are a wage theft victim. You may be able to pursue a wage theft claim against your employer.
Payday Requirements For Custodians
Every state sets its own laws regarding pay frequency. While some states may require weekly paychecks, there are states that require bi-weekly, semi-monthly, or monthly paychecks.
You need to familiarize yourself with your state laws. If you are not paid in a timely manner, you may be able to pursue a wage theft claim against your employer to recover your lost earnings and other damages.
To give you an idea of pay frequency requirements, here are the laws in a few states. Kansas requires workers to be paid monthly.
Alaska requires semi-monthly or monthly paychecks. California allows weekly, bi-weekly, or semi-monthly paychecks that are dependent on the individual’s occupation.
Georgia calls for semi-monthly paychecks, but Florida has no specified regulations regarding pay frequency.
If it is time for your paycheck, and your employer doesn’t pay you or you are not paid for all your earnings, you can pursue a wage theft claim.
Even if your paycheck is just a day late, you have grounds to take action against your employer. There are resources available to help you, and you do have rights.
However, there is a limited time to pursue a wage theft claim after you were not paid for your earnings.
What To Do If You Haven’t Been Paid As A Custodian
Your first step in pursuing a claim after having not been paid as a custodian is to notify your employer. You should gather all supporting evidence, such as paystubs, time sheets or timecards, statements from witnesses who worked shifts with you or know when you worked, and a calculation of your earnings.
You will talk with a supervisor or with human resources. You should make sure that you have all your evidence together, and you should maintain evidence that you filed a claim with your employer.
Be sure to maintain documentation that details your employer’s response to your complaint. If you cannot successfully resolve the matter, then you will need to take all the information to pursue a claim against your employer through the Labor Board.
You will need to contact the Labor Board by mail or phone to get the process underway. The Labor Board will work to resolve the issue.
If your employer doesn’t respond to the Labor Board’s request, and they don’t pay you what you are owed, you will take the next step and with the help of an employment law attorney, file a lawsuit against your employer.
When your case advances to court, either a judge or a jury will then decide the outcome of your wage theft claim and determine the value of the settlement.
Get Legal Help
Wage theft claims – and any legal matters involving employment law – can be complex. If you have been the victim of wage theft as a custodian, you should enlist the help of an experienced wage theft attorney who represents in clients in your area.
With the help of a lawyer, you are much more likely to have a successful claim and recover compensation for your losses. An attorney has strong negotiation skills and is familiar with the applicable state and federal laws.
When you meet with an employment lawyer, be sure to go over their payment plans. Some employment attorneys take cases on a contingency basis while others require a retainer to be paid upfront.
Those who work on a contingency basis are not paid until you win your claim and recover a settlement for your damages. There is a limited time to pursue a claim after you have suffered wage theft.
Usually, if you don’t act within 180 days you will not be able to pursue a claim. Complete the Free Case Evaluation Form to share the details of your wage theft claim with an attorney who handles wage theft claims and employment law matters in your area.
