Why You Need a Lawyer to Fight For Your Unpaid Wages?

Every employee deserves to be paid for all the hard work he or she has done. Yet, many times employers deliberately withheld their employees’ wages or do not pay them for overtime and breach labor laws so they can profit off the backs of the hard work of the employees.

To ensure that you never fall victim to such a situation, you must be aware of your rights. Below mentioned are a few things that every employee must know

• Your employer cannot force you to work during meal breaks.

• Unless there is an exemption, you must be paid overtime for every hour worked beyond the limit of 40 hours a week.

• You must not be paid less than the set minimum wage which is generally $7.25 for non-tipped employees and $2.13 for tipped employees.

• Your employer cannot ask you to work before and/or after your shift without paying you for all the time worked.

• Although it’s the employers’ burden to maintain accurate time records, You should maintain a record of all the worked hours. If your record and your employer’s working hours do not match, you must know that something is not right. Then, if you go ahead and file a lawsuit, this work dairy will be considered very important.

• You should read the organization’s handbook carefully to get complete idea about the employees’ rights and responsibilities. Policies and procedures mentioned in the handbook will help you understand the terms and conditions of the organization as well. If permissible you should maintain a copy of all relevant policies and procedures.

• You should keep copies of all pay stubs and other necessary documentation. It will help you file a solid case against your employer, if your rights are ever violated.

In case you have ever been denied for overtime, you should at least consult an unpaid overtime lawyer to understand your position. They are the right persons to talk about this concern. They may know all the rights of an employee and can help you in the best possible way receive compensation for the hard work you put in.

Generally during a free consultation with an employment lawyer they will discuss the facts, and see what damages you are entitled to if any. Generally, the overtime lawyer will take the case on contingency and is only paid if they win your case.

Understanding common unpaid wages situations

All rights of workers are secured by federal and state laws. No employer can deny rightful compensation to employees. However, there are times when employers wrongfully deny the fair wages to workers. Here are some common unpaid wages situations –

Refusing to pay overtime – Employer wrongfully denies payment for overtime, which is time worked in excess of 40 hours in a workweek. Unless the employer has an exemption under the labor code, then most employees are entitled to premium pay for hours over forty, which is usually time and a half.

Refusing to pay minimum wage – This includes paying less than minimum wage.  The Federal Minimum Wage is $7.25 an hour and some states have greater protections.

Refusing to pay bonuses and commissions – Employer refuses to pay bonuses and commissions, that were pre-determined for job.  Different states have different laws regarding the commission structure and rights.  In New York for example, if commissions are not paid properly, an employee may be entitled to triple damages!  Also, certain bonuses and commissions and other forms of pay needs to be factored into the overtime calculus.

Unlawful deductions from pay – Sometimes, employers unnecessarily deduct money form a worker’s pay.

All the above-mentioned situations may indicate a violation of law. In these situations, employees should seek guidance of a professional overtime lawyer. An experienced wage and hour attorney can help the worker receive compensation for their unpaid time and work. In some situations the worker may be entitled to double damages plus attorney fees paid separately or even more!

There are several more problems that employees face on job such as working for extra time (including meal or rest breaks) and doing office’s work from home without proper compensation. All these conditions are violation of law.

Law – The Fair Labor Standards Act (FLSA) is responsible for securing the right of workers. According to this act, overtime should be one and a half times of the hourly wages of employee for work over 40 hours a week.

However, according to the federal government, it is mandatory to pay at least 7.25 US dollars per hour as of July 2009. In many states, minimum wages are higher than this rate.

Tips – In those jobs where employees get more than 30 dollars/month in tips, minimum wages are different. Other than these jobs, employer must follow the regulations of FMWA and FLSA act. If worker’s payment is not meeting the minimum level (even after including tip), then it is the responsibility of bosses to make up the difference.