Recovery Of Unpaid WagesMay 26, 2017
The Department of Labor has a department called the Wage and Hour Division. This department is responsible for dealing with wage violations. They make sure that people are given the back pay that they are owed. The difference between the amount one is paid and the amount one is owed is the back pay.
Finding out that you have not been paid everything that you are owed can be frustrating. The good news is that there are things that you can do in order to recover your unpaid wages. You will need to contact the Wage and Hour Division in your area.
Investigations and Complaints
The Wage and Hour Division is required to conduct investigations that are initiated by workers. Every complaint that the worker gives will be kept confidential. They will only reveal your identity if necessary. You will need the following information in order to file a complaint:
• Your name
• Your phone number
• Your address
• The type of work you do
• The name of your owners or managers
• Your company's location
• The name of the company you work for
It can also be helpful to provide your hours worked, personal records, pay stubs and information about how you are paid. Keep in mind that the services provided by the Wage and Hour Division are free. It is important to note that your employer cannot fire or discriminate against you for filing a complaint with the Wage and Hour Division.
The Wage and Hour Division not only investigates complaints, but they may also investigate businesses. They may sometimes examine a number of businesses in a specific region or industry. There are several steps involved in the investigation including the following:
1.) A conference between the company representatives and a representative from the WHD.
2.) An examination of the company's records.
3.) An examination of the time and payroll records
4.) Private meetings with certain employees.
After conducting the investigation, the WHD will determine whether any violations occurred. They will tell the company what they need to do in order to correct the violations. If the employer owes back wages, then they will be asked to pay them. The employer may also have to compute the amount due.
How to Recover Back Wages
There are methods that the Fair Labor Standards Act has for recovering overtime wages and minimum wages.
1.) The Wage and Hour may supervise the payment of back wages.
2.) The Secretary of Labor can also file a lawsuit for back wages.
3.) An employee can file a lawsuit against the employer. The employer may also be required to pay court courts and attorney fees.
4.) The Fair Labor Standards Act will make sure that people are paid for overtime. They will also make sure that people are at least paid minimum wage.
An employer will be held responsible for firing or discriminating against anyone who decides to file a complaint. Employees are not allowed to file a private suit if they have already filed a complaint with the Wage and Hour Division or Secretary of Labor. Keep in mind that there is a two-year limit that applies. However, if the employer willingly violated the regulations, then the limit is three years.
Things to Consider
Employers who are caught willingly violating the overtime or minimum wage laws may be forced to pay up to $1,000 for each violation. They may also be charged up to $10,000 if they are caught violating the standards set by the Fair Labor Standards Act. Employers who commit multiple violations may face prison time.
If you think that you are owed money, then you will need to visit the WHD's database of workers website. You can search the employer database. If you find out that you are owed money, then you will need to submit a claim.
Get A Legal Assessment
It can be difficult and time-consuming to get the money that you are owed. That is why you may want to hire an attorney. A lawyer can inform you of all of the rights that you have. Your attorney can provide you with a free legal assessment.
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