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Unpaid Wages and Overtime Claims

Unpaid Wages and Overtime Claims

Are you owed wages, back pay, or overtime pay by an employer? Call 1-800-ATTORNEY!

In spite of laws meant to protect employees from employers who attempt to cheat them out of their fair wages and overtime, it still happens quite frequently.

Unpaid Overtime LawsuitsSometimes wage disputes are due to an honest mistake on the part of the payroll department and is corrected without incident; however, there are cases in which employers attempt to pay an employee less than the amount to which he or she is legally entitled. If this is the case in your situation, we strongly advise you to seek out a free consultation with an employment lawyer to learn the options available to you.

Enforcement of the Fair Labor Standards Act (FLSA) is the responsibility of the Department of Labor’s Wage and Hour Division (WHD). The typical remedy for wage violations is for the employer to be required to pay the employee the difference between the amount the employee received and the amount to which he or she was entitled. There are different methods involved in the FLSA process (as well as the methods it employs to recover unpaid wages and overtime pay), but your attorney will be able to answer any questions you have regarding your individual claim.

Filing a Complaint

The WHD conducts investigations whenever they receive a complaint; this is the initial part of the FLSA enforcement process. Many of those investigations are the result of complaints and/or legal actions taken by employees.

Anyone who files a general complaint with WHD generally need not be concerned about retaliation as all complaints are confidential, and neither the name of the complainant nor the nature of the complaint is ever revealed unless it is necessary to pursue an individual’s unpaid wages claim.

The following information is necessary in order to file a complaint:

  • Complainant’s name, address, and telephone number
  • The name and location of the employer involved in the complaint
  • Names of managers or owners
  • The employees’ position with the company
  • Dates the employee was paid and method of payment

Other information such as copies of pay stubs, any personal record of hours the employee worked, or other information about the employer’s pay practices can be quite helpful. Your attorney will assist with the compilation of pertinent information, obtain any additional information that is necessary, and pursue compensation through a claim or lawsuit.

The Investigative Process

Along with handling complaints, the WHD chooses some businesses or industries for investigation. In some cases they choose businesses in a specific industry or region for examination. There are several steps involved in the investigation that include:

  • The WHD representative and a representative of the company will engage in a conference during which time the WHD representative will explain the investigative process.
  • The next step involves an examination of the company’s records in order to determine if they violated any laws or exemptions. These records might include records that show the profitability of the company and the manufacture, distribution, and interstate sale of goods.
  • They will also conduct an examination of time and payroll records and either make notes, transcriptions, or photocopies of any information that is pertinent to the investigation.
  • WHD will also conduct private interviews with some of the employees in order to verify information contained in the time and payroll records, identify and verify an individual worker’s duties in detail that is sufficient to determine if any exemptions apply, and assess whether workers are being paid in compliance with federal law.

The Importance of an Attorney

It’s important to understand that you only get one chance to bring your wage claim or unpaid overtime claim in court. If you’ve never successfully litigated a wage claim yourself before, please strongly consider discussing your case with an attorney. Rest assured that the defendant’s attorney will do everything in their power to make the process difficult on you, and without an attorney on your side, you’re simply putting yourself at an extreme disadvantage.

To discuss the facts of your case with our attorneys (for free), call us at 1-800-ATTORNEY today.

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