Working as an employee for a small business doesn’t mean you are treated any better or paid better than if you were to work for a bigger business.
Most small business employees work long hours and aren’t always paid for all the hours they do.
However, under the Fair Labor Standards Act (FLSA), most employees can expect to be paid at least the minimum wage or an amount agreed that has been agreed between them and their employer.
Whether as an employee for a small business or a larger one all work should be paid for including any preparation time before the actual day begins.
Overtime should be paid as well for any hours over 40, which should be paid at a rate of time and a half. If the small business employer does not meet these obligations and wages are either paid too infrequently or the pay is less than it should for the work completed including overtime, the small business employee may file a wage theft claim to get back all those unpaid wages.
Payday Requirements for Small Business Employees
Most states have laws which indicate how often small business employees should be paid. In Alabama and South Carolina there are no specific laws for payment frequencies.
In Illinois, Nevada, Virginia and New Mexico pay days could be monthly for administrative, executive, and professional employees.
In Arizona, paydays for small business employees should be at least two or more days monthly with no more than 16 days apart. In Connecticut for small business employees the intervals between paydays could be monthly if this is approved by the Labor Commissioner.
What to Do If You Haven’t Been Paid as a Small Business Employee
With state and federal rules in place, there shouldn’t be any excuse for wages for small business employees to be paid on time and at least at the minimum wage with the right amount paid for overtime.
However, if this hasn’t taken place you may be experiencing wage theft from your employer.
You may be eligible to file a wage theft claim with your state’s Department of Labor which is the agency responsible for enforcing Wages and Hours Laws.
However, before you go as far as filing a wage theft claim form you could contact your small business employer to see if you can reach an agreement about your wage theft without filing a complaint with your state’s Department of Labor.
Contact the Department of Labor
If your small business employer does not to respond to your wage theft enquiry, you should now file a complaint with your state’s Department of Labor.
Depending on the state this typically takes place by completing a wage theft claim form which is normally accessible on your state’s Department of Labor website.
When you have completed this form you must include evidence that backs up your wage theft claim like:
- a written record of hours you have worked;
- stubs from your check stubs;
- contact details of eye witnesses like co-workers who are eager to testify on your behalf concerning your wage theft;
- your supervisor and employer’s contact details.
When your state’s Department of Labor is in receipt of your wage theft claim form, typically you will be given an investigator to follow your case through.
First of all the investigator will decide if your wage theft claim is valid. Secondly, the investigator is likely to contact your small business employer to see if a resolution can be attained.
If the investigator receives no response mediation may be suggested between you and your employer to try and reach a successful solution to your wage theft claim.
If this mediation is unsuccessful, you may be entitled to go to court to file a lawsuit to get your wage theft repaid.
If your wage theft claim is a success and depending on the state you live in you may get substantially more in compensation than the value of the wage theft and you may also get your lawyer’s fee paid as well.
Complete the Free Case Evaluation
If you decide to file a lawsuit you may need help from an employment lawyer who will work on your behalf to get your wage theft claim paid. Employment lawyers know how difficult it is to win a wage theft claim as a small business employee.
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