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Unpaid Wages
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All investigations related to non-payment of wages or part of wages and penalties for late payment of wages are held by the Department of Labor's Wage and Hour Division in accordance with the Fair Labor Standards Act after the employee files a complaint.
Any complaint is confidential

The name of the employee and the reason for the complaint is not disclosed. The only exception is investigative proceedings. Then the name of the employee who filed the complaint is revealed as a person involved in the investigation.

It is important to indicate in the complaint your contact information such as name, residence address, telephone, and email. You will also be asked to provide information about the employer and nature work: the company's name, the names of the owners, directors, and managers, the address and work duties. You shall also be ready to indicate how and when the payment of wages took place or should take place.

You shall document and keep copies of personal records and certificates from work, such as a timesheets or copies of payment documents to detail the payments and hours worked.
It is important to know that an employee cannot be fired, demoted, or otherwise harassed for filing a complaint with the Department of Labor's Wage and Hour Division.
Also, the Department of Labor's Wage and Hour Division may initiate investigations and conduct inspections in other companies to prevent violations of the Fair Labor Standards Act.

During an investigation, the Department of Labor reviews the company's documents and reports and conducts face-to-face interviews with employees. The audited records may include the company's annual revenues sheets, what goods or services the company produces or provides, or payroll records. Any related materials can be copied. Employee interviews are needed to verify the correctness of the payroll and describe employees' responsibilities in sufficient detail. Interviews are usually conducted at the employer's premises, but other places may be requested. Current and former employees can also be interviewed by phone or mail by completing a written interview form.

After collecting evidence and completing interviews, the
Department of Labor will determine if there were any violations. If it is determined that the employer violated the Fair Labor Standards Act, the Department of Labor will issue instructions to remedy the violation. Suppose it is determined that the wage arrears have been compensated. In that case, the Department of Labor's Wage and Hour Division may continue to monitor the payment of future wages for some time.



Suppose the employer is unwilling or unable to comply with the decision made after investigation.

In that case, the Department of Labor can file a claim for compensation of wages and damages. The Department of Labor may get an injunction to ensure that an employer or company complies with the Fair Labor Standards Act and does not illegally withhold wages and overtime due to the employee.

An employee can also file his own case against the employer to recover wages and reimburse damages in addition to attorney and legal fees. However, an employee cannot start his own lawsuit if claims against the company have already been filed by the Secretary of State or if supervision over the compensation of unpaid wages is pending.

It should be remembered that these procedures have time limits. The employee has two years to initiate an investigation or file a claim for a compensation. Suppose it will be established that the violation of wage or overtime laws was intentional. In that case, the statute of limitations is increased to three years. In addition, civil fines for every violation of minimum wage and overtime can be up to $ 1,000 per violation. The penalties for willful violation of the Fair Labor Standards Act can be even more severe, with fines of up to $ 10,000 and criminal prosecution.
It is important to document, in writing or by email, any requests for unpaid wages you have made in the past. Make sure you give your employer a deadline to respond to your request. Most likely, the employer will simply pay upon receiving such a request. If you are a union member, you can also contact your representative to help you resolve this issue. If you are not a union member, you can contact your local worker protection group to represent you.
Payroll is governed by many federal and state laws

The laws are extensive, but there are few general points:

  • An employer's failure to pay wages may give employees grounds for other claims, such as unfair competition claims.
  • An employee can claim unpaid wages if the employer has not paid the minimum wage.
  • An employee can claim unpaid wages if the employer has not paid the break prescribed by law.
  • An employee can claim unpaid wages if the employer has not paid overtime.
  • An employee may claim unpaid wages if the employer has not paid him for the time it took him to put on or take off protective clothes or other work equipment or uniforms.
  • An employee can claim unpaid wages if the employer has not paid unused accrued leave if required by state law.
  • An employee can claim unpaid wages if he has worked more than 40 hours during the working week and has not received overtime pay; this includes exceeding the 8-hour workday in some states.
  • An employee can claim unpaid wages if the employer fails to pay for travel during the work-related day.
Human Rights Advocacy Firm lawyers are ready to defend your interests in any unfair situations where an individual's rights and legitimate interests are violated.
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