KNOW YOUR RIGHT: CLAIM LAWSUIT FOR UNPAID WAGES

Are you getting deceived and defrauded by your lawyer? If yes, then you are at the right place. Know exactly in which instances you are owed overtime pay by your lawyer and when you can file a lawsuit for your unpaid wages with the help of a lawyer.

The payment of the wages is under the jurisdiction of Federal and State laws and if your employer is not paying what you worked for, then it would be counted as wage violation. However, the rules are complicated and you need to how to calculate your unpaid wage claim.

VIOLATION OF HOUR:

If the employer is failing to pay the wages for every hour you have worked, then the employer is violating this law. By not considering meal or lunch break that employers use to work, training program for work, waiting time at the work premises and off the clock work.

VIOLATION OF MINIMUM WAGES:

The employer is required to pay minimum wages for every hour worked. The highest applicable salary per hour set by the state where you work is entitled by every state. And the employer that is paying less than the minimum applicable salary is a rule breaker.

WAGES DEDUCTION:

The employers can withhold a certain portion of salary as employee expenses or company debts. However, the deductions should never be to this point that the wages fall below the minimum wages set by the state. The employer cannot deduct too much of the earned salary which is again considered violation of this rule.

PAYCHECKS ON TIME:

The employers are not required to pay the salary on certain days. But some states have rules that the employees have to be paid at least once or twice a month. Some even have the rule that the employees are to be paid within the certain time limit.

STEPS TO FOLLOW:

If the employer is violating any of these laws and not paying you your deserving wages, then you can raise the issue internally. However, if the payroll department and the management is not responding positively to your requests, then consult an attorney. The employees can pursue their unpaid compensation by filing a lawsuit for unpaid wages.

Your lawyer can suggest you the courses of actions and analyse if the case is worth pursuing with the cost of taking the lawsuit. Your lawyer would discuss the recovery and the penalty fees you can gain from the outcome. In addition to that, you would be able to figure out the chances of you winning the case under the circumstances.

FEES OF THE ATTORNEY:

The major thing while pursuing a legal action against your employer is the fees of the attorney for handling the case. Ask the attorney about the fees structure and whether they would take contingency fees as well. Include all the cost of the case analysis and consultation fees and see if the cost to pursue case overcomes the benefits you would attain after winning the lawsuit.

How Employers Manipulate Time To Deprive Employees Of Overtime Payment?

Unpaid overtime is not an issue that has suddenly arisen. It is an issue that has been troubling workers for a long time even with the strict federal and state laws. The major reason behind these issues is the lack of knowledge and awareness among employees. Majority of them are not aware of their rights that enable them to claim payment for their overtime.

However, employers also manipulate and use a variety of methods to deprive their workers of overtime payment. Here are the methods that they use to manipulate time or schedule for this purpose.

Making employees work before signing in or signing off – It is a common method that companies might use to rob workers of their overtime payments. Some employers tell staff that the post-shift or pre-shift hours are not compensable, which is not true. You are entitled to receive payment for each hour you worked for the company whether in shift or not.

You can demand wages for these hours and if not given, raise the issue for your rights.

Making employees work during lunch or breaks – Some employers make their staff work during lunch or breaks without paying them for that time, which is the violation of law. You should know that you are entitled to payment for your overtime even if it was done during the shift in break or lunch.

Awareness regarding your rights is your only way to get paid correctly for all the hours you spent working for your company. If they still refuse to pay you even after raising the issue to higher authorities, then you should contact professional unpaid overtime attorneys in your region who are familiar with the laws and rules.

These lawyers can help you claim your rightful wages along with compensation for damages (if applicable).

An Insight Into Various Wage Violations

Have you worked hard and still haven’t been paid properly? If you are going through something like this then you have the right to hire a lawyer for unpaid wages to support your case. The Fair Labor Standards Act is meant to protect the rights of the labors and ensures that they receive a minimum wage decided by the federal authorities for each hour of work done.

These laws also help in limiting the number of deductions from a person’s paycheck under certain circumstances. Although the laws can vary across different states, but a lot of them provide many protections like a stipulated settlement time for final payment to employees, including their unsaved vacation time etc. to mitigate paycheck deductions.

Some of the common wage violations have been listed in the following points:

Minimum Wage Violations

Employees have the right to claim minimum wages for each hour of their working time.. The minimum wage rate assigned by the federal authorities is about $7.25 in most of the states and it may vary on a higher side under some states. Every employee is entitled to a minimum wage that is approved by the authorities in the locality of work.

Hours Violations

If the employers make the employees work after the clock out hours or during their meal and rest breaks or deduction during essential training programs or during work related travel time then it is an act of wage violation and the employer can be subjected to legal action.

State Laws on Paydays and Final Paychecks

Although the FLSA doesn’t have a fixed day or date for employee’s payments, but many states have strict policies regarding the same. Therefore, an employee is entitled to receive payment according the norms set by the authorities.

If your employer is involved in any of the wage violations then you can pursue legal action against them to make a claim and be well compensated for all your troubles as well.

Checklist To Cover In An Unpaid Wages Claim

Are you planning to file an unpaid wages claim against your employer? There are many workers who are not getting properly paid for their hard work from their employers, which is why many are turning to law to claim justice. But for this purpose, you need to find an unpaid wages attorney.

However, there should be a certain checklist that you need to cover before opting for unpaid wages claim. Here is this check list.

Did you make a proper complaint at workplace?

This is the first thing that you need to cover in your check list. Filing a claim should be your last resort. You should first make your complaint known in your workplace. Ask your employer, senior or any higher authority in your company to let them know your wage related concerns. Ask them to help you out and solve the issue.

If the issue is not resolved even after making official complaint, then you should consult with your attorney.

Do you have an experienced attorney?

This is the next thing to check. To file a claim and obtain unpaid wages, you need the legal of an experienced and professional lawyer who specializes in this law field. Make sure to choose a specialist.

Do you have evidence or witnesses?

It is an essential aspect that you need to check in the checklist. You need evidence and witnesses to prove your claim in court. In the evidence, you might need your records related work hours in a regular workweek, login or logout, holidays, overtime and so on. However, many workers do not have these evidence or witness to provide facts in their favor.

But, fret not! An experienced attorney knows how to present facts and your claim to prove wage theft.

Mark above mentioned things checked in your list before going for the unpaid wages claim.

Are You Getting The Fair Wages For Overtime At Work?

Working beyond your ordinary work hours is called overtime. And, when you put extra efforts and time to complete work even after your regular hours, you deserve fair wages for your hard work. But, some workers never get the fruits of their labor.

It is obvious that you will be distressed, if you are not being paid for all the extra hours you have worked. Employees, who are not aware of their rights, usually become the victims of wage theft. As a worker, it is very important for you to have detailed information regarding your overtime wages, so that they are not left unpaid.

Unpaid or unfair payment includes different situations such as –

• Receiving less than the minimum wages
• Not being paid for overtime
• Working before or after your scheduled work shift without any compensation
• Working in rest breaks
• Doing work while you are signed off

If you are an employee who is facing any of the aforementioned situations or if you believe that your employer is violating state or federal laws related to fair wages, then you need to raise your voice against it as early as possible.Firstly, get in touch with your payroll department to see if your issue can be resolved or not. You can also contact the department of labor, to get your case reviewed and check how things go from there.

Filing a lawsuit is the next option if everything you tried to get your unpaid payments failed. To file a lawsuit, you need a lawyer who is known for unpaid wages lawsuits and recoveries. Find an attorney who has detailed knowledge of your state laws and can stand by your side to justify your claim.

A number of lawyers will be ready to represent your case without any fee, until you win. However, it is still important for you to have knowledge about the state and federal laws along with your rights, so that you do not become a victim of unpaid payments or wage theft.

Essential Records in an Unpaid Overtime Wage Claim

According to the law, workers are entitled to get paid for the extra time they work for their employer in addition to the 40 hours in a regular workweek. Employees are entitled to receive 1½ times of the regular hourly rate in overtime. If your employer denies you overtime then you have legal right to demand your due wages.

However, there are certain records that play an essential role in your claim to obtain overtime wages. Some of these records are mentioned below –

Hours spent working – There should be records of the all the hours employees spend working for their employer whether in a day or in a workweek. It should also include the documentation of workers’ login and logoff to show any extra hours that employees spend working.

Even if an employer tells workers to work before their log in or after their log off, the records of all hours shows the accurate hours that the workers have worked for the employer.

Total wages paid – It is essential to keep the documentation of total wages paid to workers including their regular hourly pay rate, overtime etc. Keeping the records of any deductions or additions in employees’ payments is also necessary along with the payments of wages and overtime whether it is paid weekly, or monthly. If your employer does not provide such documentation, ask them for it.

Contract – If there is a contract between the worker and employer, copies of it should be kept by both parties for records as it clears the terms of employment. It also includes terms regarding overtime, payments, benefits and more.

It is the duty of an employer to maintain these records as they are necessary to know employees’ working hours and fair wages.

If you feel cheated out of your fair payments, then you should raise the issue with your employer. However, it is possible that workers suffer consequences when concerns are raised about wages. These consequences include termination, unfair treatment with workers and more.

In these situations, you should contact an unpaid overtime lawyer, who can help you get fair payments for your hard work and make sure that you obtain your due wages.

What You Need To Know As A Victim Of Wage Theft?

Wage theft is an act in which the employer refuses to pay a fair payment to his employees. This illegal act is increasing rapidly these days.  However, there are a number of federal and state laws to prevent such actions but still the employers find a way to cheat their workers out of their fair payments.

Wage theft includes different type of wage stealing. Some of them are listed below.

• Minimum salaries– According to the law, there is always a determined minimum salary that the bosses have to pay their employees. But, still there are a number of companies that cheat their staff out of salaries i.e. they decline to pay the minimum amount to the workers, which is a violation of law.

• Overtime – This is a category in which the employer refuses to pay overtime to employees for the extra work and hours they spend in the office. The law states that all the workers have the right to pay overtime for each hour they spend working in excess of 40 hours in a regular work week.

• Employee misclassification– It is a situation where companies try to trick their employees out of their salaries by classifying them wrongly. The employers try to describe their workers occupations as independent contractors so that they can be exempted from benefits such as minimum salaries, overtime and more.

• Working off the clock– This is a category in which the employers make their workers work off the clock. This is also against the law.

Apart from the aforementioned, there are several more techniques that the companies use such as not giving holidays.

However, if you are a victim of wage theft, then you should contact an experienced attorney. According to FLSA, you should contact an overtime lawyer to get the required legal counsel. Lawyers will help you in providing all the essential information on your case and will guide you in filing a lawsuit and provide legal representation in court.

 

What are your Wage Rights regarding Notice and pay in lieu?

Getting paid fairly for your hard work and hours is your right, which is determined by law. Even if you are leaving the job, you still have some wage related rights that you should know about. Usually, employees serve a predetermined notice period before leaving their jobs with the consent of employers. For this period, workers are entitled to get a certain amount known as notice pay.

It is essential for employer to notify workers regarding their termination. A proper notification should be provided at least sixty days in advance. It is necessary that employees serve this period (60 days) before they are relieved from job. Laws in America protect workers from sudden termination and loss of wages. Rules make it necessary for companies to provide prior notice to their staff in case of termination or if company is in loss or any other situation.

However, it is necessary for you to know that according to law not all employees have the right to get a prior notification. Law covers several industries and companies regarding notification for termination. Furthermore, law does not recognize the pay in lieu aspect in any industry.

However, in some cases, both employees and employers agree to be relived from job before the notice period ends. What are the employees’ wage rights in these circumstances? Are they eligible for any pay?

A clause regarding this matter should be added in your contract with employer. If there is a clause in your contract regarding notice and pay in lieu, then you are entitled for the predetermined payments.

In these situations, boss has to make a payment to employee for that certain period, which will not be served with the consent of both parties. It is known as the pay in lieu.

Your right to get paid for the un-served notice period (in consent with employer) is solely based on your employment contract. If there are proper clauses, then you are entitled for fair payments. On the other hand, you may have to serve the predetermined period with proper wages. If employer fails to provide proper notice, it is considered a clear violation of law. In this situation, you must contact an unpaid wages attorney to get professional legal advice. According to law, you are entitled to get back payments and benefits for the violation of law.

Why there is a need to hire an experienced overtime lawyer?

Employers cheating their employees on their pay is a common problem today. The employers take advantage of their employees and their position and make them work some extra hours while paying less or no money for the extra work. In this case, an employee can consult an experienced FLSA overtime lawyer to claim their rights.

Some of the common problems faced by employee include-

• Paying less than the desired or state minimum wage
• Taking a tip credit, but not sharing the tips with the management
• Improper and useless deduction from wages
• No overtime pay
• Not paying the desired pay
• Extending the work hours without paying for extra time
• Not paying for the work done after shift or during breaks

However, if you are a victim of any aforementioned situations, it is always beneficial to seek help from any experienced lawyer. An experienced lawyer will help you by providing all the information about your labor rights and labor laws. Following are some of the situations where hiring an accomplished lawyer can be helpful-

• Overtime- If your employer refuses to pay for hours over 40, then the employer must have an exemption to the labor code, which can be quite complicated. There are a number of situations where consulting an experienced lawyer can be very helpful. You can speak to the lawyer and find out about your overtime rights.
• Wages- If the your employer makes you work for some extra time or makes you conduct some activities such as seminars etc that are actually for the benefit of the employer, then it is the duty of the employer to pay you for the work you have done. It is your right to be paid for all the extra work that you do.
• Improper deduction- If the employer deducts unnecessarily from your pay, then you must consult a professional attorney in your area. Legal help in this situation can save you from any improper deduction from your salary.

Therefore, if you are a victim of wage theft, you should immediately consult with an experienced attorney or a labor lawyer in your area.

Are you updated with the overtime wage related laws?

Many employers in the United States do not pay employees their rightful wages for overtime. Lack of knowledge among workers or their negligence towards total working hours allow employer to cheat them.

To avoid this, you need to get proper information about the rules related to working hours and overtime.

Following is the information that will update you about the wage related laws-

What are the working hours of employee?

Regular working hours of an employee are 40 hours in a workweek. Meetings or sessions are also included in the working hours according to law.

What does overtime mean according to the law?

Every additional hour over 40 working hours in a workweek is considered as overtime according to law. Addition working hours either before or after the regular shift is considered overtime.

How is the overtime wage calculated?

For every extra hour spend over 40 hours, employer has to pay one and half times the regular hourly wage.

However, exceptions are always there in the law based on the work. Therefore, it is essential to collect all the information about the overtime wages law before claiming unpaid wages.

What should you do, if not paid for overtime?

If you are not being paid for your overtime then you must get help from unpaid wages lawyer. They will file a lawsuit against your employer and help you get rightful wages.

What tricks do employers use to cheat workers of their overtime payments?

• Employers ask employees to work before and after they have marked their attendance, so that there is no record of their extra working hours
• Ask employees to arrive at office a few minutes early from their shift
• Hiring staff under unnecessary and false positions
• Making fake work hour records of employees