We spend endless hours at our jobs, working long days to complete projects or coming in early to get a head start on the day. Our employers trust us to perform our duties to the best of our abilities and we, in turn, trust them to pay us what we have earned. Imagine that after years or loyal service, you realize that your employer has not been paying you for 100 percent of your work. Is there legal action you can take? What options do you have to recover unpaid wages?
There are federal laws in place, such as the Fair Labor Standards Act (FLSA), to protect workers’ rights. The Act provides remedies for workers, such as yourself, that have been victims of wage violations. It forces employers to pay the difference between what your employer already paid you and what you actually earned. If you are owed back pay, an employment attorney in the Brentwood area can help you get the compensation you deserve.
Filing a complaint
If you have decided to file a complaint against an employer in order to receive back pay, it is important to remember that all complaints filed with the Department of Labor’s Wage and Hour Division are completely confidential. Once you have filed the necessary forms, the Division will launch an investigation in to your claim.
When you file a complaint, be prepared to provide your contact information such as you name, phone number and address. You will have to provide the company’s name along with the names of the managers and a description of your job duties. You may also need to submit copies of your pay stubs, the records of the hours you were on the clock, and anything else that is relevant to your wages and the company’s wage policy.
The Act uses several methods to recover wages for employees. The Wage and Labor Division might supervise the process or the Secretary of Labor might take legal action against your employer. You might also be able to take action in the courtroom and file your own lawsuit against your employer. You may be able to sue for the back pay, attorney fees, as well as damages. If the Wage and Labor Division or Secretary of Labor has already started the process to recover wages, you will not be able to file a separate lawsuit.
If you have filed a complaint for unpaid wages, federal law considers this a protected act. This means that your employer cannot take any retaliatory actions against you or discriminate against you for filing the complaint.
If you have been the victim of unfair wage practices, it is important to remember that you have the right to take action to claim the money you earned. Since the process can be complicated, you it is advisable to seek legal counsel.
Source: Nov. 30, -0001