Every worker has the right to receive payment for their labor, but wage disputes remain an all-too-common problem in many industries. If you’ve been denied proper wages or have experienced pay delays, working with a wage lawyer can help you navigate this difficult situation. Here are the steps employees should take with the assistance of a wage lawyer when facing wage issues.
1. Document Your Hours and Pay
The first step toward addressing unpaid wages is to gather as much documentation as possible. Keep accurate records of your hours worked, overtime, and any discrepancies between your time worked and pay received. Save copies of your timesheets, pay stubs, work schedules, and correspondence with your employer. Wage lawyers can use this evidence to build a strong case.
2. Understand Your Employment Status
Before pursuing a wage claim, it’s important to understand your employment status. Employees who are misclassified as independent contractors prevailing wage may be unfairly denied overtime pay or other benefits. A wage lawyer can help you determine if your employer has classified you correctly under federal and state laws. Misclassification is one of the most common ways employers avoid paying workers fairly.
3. Consult with a Wage Lawyer
Once you’ve gathered evidence and clarified your employment status, the next step is consulting with a wage lawyer. A lawyer will evaluate your situation and advise whether you have grounds for a wage claim. They will explain your rights under the Fair Labor Standards Act (FLSA) and relevant state laws, and guide you through the legal process. Most wage lawyers offer free initial consultations, and many work on a contingency basis, meaning they only get paid if you win your case.
4. Filing a Wage Claim
After evaluating your case, your lawyer will assist you in filing a claim. This can be done through a state labor agency or directly in civil court. The approach will depend on the specifics of your case, such as whether it involves unpaid minimum wage, overtime, or other violations. Your lawyer will ensure that your claim is filed correctly and within any applicable deadlines.
5. Negotiating with Your Employer
In some cases, wage disputes can be resolved through negotiations with your employer. Your lawyer will represent your interests in these discussions and may help you secure a settlement for the unpaid wages, as well as any penalties owed. Settlements often benefit both parties, allowing the dispute to be resolved more quickly than going to court.
6. Litigation: Taking the Employer to Court
If negotiations don’t lead to a fair settlement, your lawyer may recommend taking the case to court. In court, they will argue on your behalf, presenting the evidence to demonstrate that you are owed unpaid wages. In addition to recovering unpaid wages, you may also be entitled to interest, legal fees, and damages for willful violations.
7. Protecting Yourself from Retaliation
One concern employees have is retaliation from their employer. It’s important to note that federal law prohibits employers from retaliating against workers who assert their wage rights. If your employer retaliates by firing you, cutting your hours, or taking other adverse actions, your lawyer can help you file a retaliation claim in addition to your wage claim.
Common Forms of Wage Theft
Some examples of wage theft that a wage lawyer can help address include:
- Unpaid overtime: Employers failing to pay time-and-a-half for hours worked beyond 40 in a week.
- Failure to pay for all hours worked: Employers requiring off-the-clock work or not paying for breaks.
- Misclassification: Incorrectly classifying employees as exempt from overtime or as independent contractors.
- Paying below minimum wage: Employers paying less than the state or federal minimum wage.
- Illegal deductions: Employers making unlawful deductions from paychecks for uniforms, tools, or other items.
When wages go unpaid, it’s not just a financial issue – it’s a violation of your rights as a worker. Wage lawyers offer valuable expertise in recovering unpaid wages, securing compensation, and protecting employees from retaliation. If you find yourself in a situation where you haven’t been paid for your work, consulting with a wage lawyer is an important step to ensure your rights are upheld.