Wage payment laws are decided by federal and state regulations and laws. These rules can be extensive and how they work with each other can be complicated. If you’ve not been paid in full for the work you’ve provided an employer, you may be entitled to penalties, in addition to the wages owed.
How Do I Know if I’ve Got a Wage Claim?
If any of the following applies to your situation, you may have a claim:
- not receiving at least minimum wage in payment
- overtime pay has not been paid in relation to over 40 hours in a workweek (under federal law) or over 8 hours in a day (under some state laws).
- unpaid breaks, or not allowing for required breaks
- unpaid for the time taken to put on or take off required safety gear or work-related uniforms or equipment.
- “off-the-clock” work has not been paid
- not paid for any accrued or untaken vacation time (if it’s required by state law).
- Unpaid for any travel time for work-related duties
The Fair Labor Standards Act was created to protect employees from being underpaid or not receiving payment from employers regarding the work they’ve done. Employees are entitled to be paid for any of the hours they’ve devoted to working. Under FLSA, legal action can be taken against employers by employees, who may have found it difficult to pursue this matter personally.
FLSA allows employees to receive back wages for up to two years. This law also enforces the improper classification of employees by employers, such as filing employees as exempt, when that is not the case. The degree of the violation can result in “liquidated damages” and even criminal penalties. The FLSA does have a statute of limitations (two years), meaning employees have a limited time to claim unpaid or underpaid wages.
If you have been underpaid by an employer, or have gone unpaid for work done, call the legal team at Wettermark Keith. We offer free case consultations and can help you in reclaiming the money you are owed from an employer. We will answer any of your questions and concerns as we guide you through the process of an underpayment claim.