You work for a living. Your job requires your effort and dedication. If there is a job that requires long hours to get done, you may find yourself working overtime. You may have long days and long weeks. When you get your paycheck, you should review it carefully to make sure that you are paid for all the hours that you worked.
The Fair Labor Standards Act (FLSA) was enacted to make sure employees are treated fairly and that you are paid a fair wage for all your hours worked, and that you get paid in a timely manner. If you are not paid for all the hours that you worked, you are a victim of wage theft. You have resources available to help you, and you can take legal action against your employer to recoup your losses in such situations.
One of the first things you should do when you realize you have not been paid for all your hours worked is to speak with the company’s human resources (HR) department. Assume that what happened was accidental and watch to see HR’s response. If it was an honest mistake or a technical error, they will work to address the issue and ensure you are paid for your time worked.
Keep Track Of All Communications
You will need to maintain supporting evidence and documentation. You should document when you speak with your employer’s HR department. Make note of the date and time of the conversation as well as the representative’s name. Be sure to document in detail what is said, and, also, keep any correspondence from HR about the matter. Document any future conversations and details about the progression of the claim.
You should also keep track of any follow-ups that you made regarding the situation. As an example, make note of any time you checked on the progress of your request, or if your employer has agreed to take care of the pay discrepancy. If your company’s HR does not take your claim seriously, or if they decline an investigation, be sure to make note of that and document all the specific details.
Gathering Evidence Of Wage Theft
If you have suffered wage theft because you were not paid for all the hours that you worked, you will need to gather all the supporting evidence and documentation that you can to prove that you suffered because of your employer’s violations of the state and federal employment laws.
Your employment contract, your employee handbook, paystubs, timecards, and other documents, such as emails and memos can be helpful with your wage theft claim. Statements from coworkers who can confirm what hours you worked, when you worked, and what you did can also be used to support your claim.
Documentation that shows you filed a claim with HR and their response to the matter as well as how you were not reimbursed for the wages despite presenting evidence to HR can also be submitted as evidence. If HR does not resolve the issue, you will file a claim with the Wage and Hour Division in your state. A representative will investigate the matter and speak with your employer to resolve the issue.
If the Wage and Hour Division does not get the issue resolved, they will recommend that you file a lawsuit against your employer. When you file a lawsuit, you will need an attorney to represent you in court. The judge or jury will determine the outcome of your claim and review the supporting evidence and documentation to determine if you were the victim of wage theft.
Speak With An Attorney
An employment law attorney will be familiar with the state and local laws that apply to your situation. If you spoke with HR about not being paid for all the hours that you worked and your employer did not address the issue, you should enlist the help of legal counsel who is familiar with wage theft cases. When you speak with an attorney, be sure to discuss their payment because some lawyers require an advance retainer while others will take cases on a contingency basis and be paid only when you win your claim.
You do have limited time to pursue a claim for wage theft, so you should act promptly. If your employer has not resolved the matter of you not being paid for all the hours that you worked, complete the Free Case Evaluation Form.
