When you show up to your job as a landscaper, you fully expect to be paid fairly and on a timely basis for the work you perform.
It is your employer’s responsibility to ensure that you work in a safe environment and that you are paid for your work.
If you have not been paid for your work as a landscaper, then you could be looking at an instance of wage theft. Wage theft is something that happens in workplaces all over the country, in white and blue collar jobs, all the time.
Wage theft can include a number of situations involving payment for work performed, including not being paid minimum wage, not being paid for the total number of hours worked, not being paid overtime, not receiving a final paycheck after leaving a job and not being paid outright.
The Department of Labor’s Wage and Hour Division (WHD) is the federal agency that protects employees against wage theft, in addition to various state and local laws that ensure workers are paid for their work.
If you have not been paid for your work, it is very important that you take action immediately. It could be something as simple as a misplaced timecard, or it can be something more intentional.
If your employer is intentionally keeping you from being paid, then you could be looking at a wage theft claim.
Payday Requirements for Landscaper
By law, your employer must pay you on a regular basis. There are four common pay schedules: Weekly, bi-weekly, semi-monthly and monthly.
Each state sets its own rules about the types of paydays required, and your employer will determine the best payday schedule for its employees depending on the type of work performed.
In the state of California, employees must be paid on a weekly, bi-weekly or semi-monthly schedule. Businesses in Iowa can choose any of the four options, while Kansas only requires a monthly payday schedule.
Understanding your state’s specific requirements is important so that you can be assured that your employer is not trying to take advantage of you.
An employer cannot decide to pay its employees on a bi-monthly schedule, for example. It must follow the laws in place based on the state where the company is located.
If your employer is not following your state’s payday guidelines, then this could also be the basis of a wage theft claim.
What To Do If You Have Not Been Paid As A Landscaper
If you have not been paid for your work as a landscaper, it is important to find out what happened. Speak with your boss or supervisor, or even call or visit your company’s payroll or human resources department.
You might discover that the payment issue is either a result of a human error, or it could be a technical glitch that needs to be fixed. In most cases, your employer should be able to fix the problem and pay you immediately.
However, if you bring your missing paycheck problem to your employer and no action is taken, then you need to take action to ensure that you are paid. You have two options: You can file a claim with the WHD, or you can file a private lawsuit.
To file a claim with the WHD, you can submit the claim online, by phone or in person at any local branch office. If you decide to file a private lawsuit, then you should speak with an experienced employment attorney who will be able to evaluate your case and determine your best course of action.
Get A Free Case Evaluation
Filing a lawsuit against your employer can be stressful and intimidating, and there is no reason that you should have to do it alone.
Most employment attorneys will offer a free case evaluation, where you will present the facts in your case and determine how to proceed.
The benefit to filing a lawsuit is that you will be able to see the maximum damages available to you, including lost wages, legal fees and possible compensation for emotional distress.
Though working with an employment attorney does not guarantee that you will win your case, having an experienced advocate working on your behalf will greatly improve your chances for a successful outcome.
Many employment lawyers will work on a contingency basis, meaning that there are no out of pocket fees to get started on your case. You do not have to pay anything upfront, and you will only pay if you win your case.
To find out how an employment attorney can help you with your claim, fill out a free case evaluation.
