If you have been the victim of wage theft, you will want to pursue a claim against your employer to recover compensation for those lost earnings. There are different damages that you could recover, so the amount that you can recover through a wage theft case could vary greatly.
You will need to keep track of your damages. An employment law attorney will be able to determine the amount of your claim.
There are specific damages that can be recovered in such cases. These damages include the unpaid wages plus interest for those wages and any penalties that the law allows. Sometimes there is a civil penalty or a fine for an FLSA violation.
As an example, the government often enforces a $10,000 fine for a violation. Concurrent violations often result in additional fines and even jail time can result.
So, your wage theft settlement could vary greatly depending on the amount of wages stolen and over what timeframe. It is imperative to check your paystub regularly and to keep track of your losses.
There is a time limit for pursuing a claim, and if you wait too long, you cannot recover a settlement. According to the Fair Labor Standards Act (FLSA), you have two years to pursue a claim. Many states do have additional laws in place and those have different statutes of limitations that vary from one to three years in most cases.
Calculating A Potential Wage Theft Settlement
When you are pursuing a claim against an employer, you will need to gather supporting evidence and documentation for your claim. You will need to calculate how much you can recover from your wage theft claim.
As an example, you need to determine how much you lost from the wage theft situation. After you determine the hours you will then ad up the lost earnings.
For example, if you weren’t paid overtime for 50 hours, you will write down 50. Your regularly hourly rate is $10 per hour. Time-and-a-half would mean that you were to be paid $15 an hour for those 50 hours totaling $650. You were paid your regular rate, which added up to $500. You were owed $150 in wages that you didn’t receive.
That $150 will have interest added onto it, which will be based on the current APR. An employment law attorney can help you determine the interest that should be added to your total lost earnings. Then any legal fees will be added onto the totals.
Also, any penalties issued by the state or federal government will be added into the mix.
Often, the costs associated with your legal representation can be recouped as part of your settlement for your wage theft claim.
Keep any documents pertaining to your employment and pay rate. This will include handbooks, contracts, memos, emails, and so forth. Also, document any time worked and keep duplicate timesheets or timecards and keep copies of paystubs or paychecks.
You will need to be able to keep track of your hours and be able to determine if you are paid for all the time worked and if you are paid at the proper rate. You will need to maintain supporting evidence and documentation for your claim so you can prove your losses.
Lawyers Can Help Calculate Settlements
If you have been the victim of wage theft, then you should enlist the help of an employment law attorney. An employment law attorney will know how to calculate your losses and determine a fair settlement for your specific situation.
A lawyer will be familiar and stay up to date with both state and federal employment laws.
When you talk with an attorney, be sure to ask any questions that you may have regarding the claims process and about the lawyer’s compensation for their work. Some employment law attorneys work on a contingency basis, and if that is the case, then your lawyer will not be paid until you win your claim and recoup compensation for your lost wages.
Because time to pursue a claim for wage theft is limited, you should talk with an attorney right away. Complete the Free Case Evaluation Form on this page and share the details with an attorney who handles wage theft claims in your area. Get your claim filed before time runs out and while you can still recover your losses.
