Have You Been Denied Your Wages? Know Your Rights
When you work, you rightfully expect to be paid the wage you agreed to earn. Sometimes, these wages are more than just hourly or salaried pay – they can come in the form of certain perks, like paid vacation days and sick time. If you work beyond forty hours in one week, you are entitled to overtime pay under the Fair Labor Standards Act of 1938. If you have been outright denied your paycheck or you have not received the compensation your employer promised to you, you could have grounds for an unpaid wages claim.
Wage denial is more than just not receiving your paycheck. It can happen if you are required to work while on your break or otherwise “off the clock,” if you are a tipped employee and your employer does not make up the difference between your wage and the minimum wage when your tips do not reach at least minimum wage, or if you are a salesperson working on commission and do not receive your commission.
What to Do if you are Denied your Pay
Keep your employment contract or other document that states your wage to prove that you were promised a certain amount of money as well as any benefits you were denied. To develop evidence for your claim, keep all of your pay stubs to show the discrepancy between your promised pay and your actual pay.
Bring your documentation to your supervisor to discuss the discrepancies. In many cases, being paid too little or not receiving a check at all is due to an accounting error rather than malicious intent by your employer. If this is your case, your supervisor can work with your company’s human resources department to correct your pay issue.
Taking Legal Action for Unpaid Wages
If you cannot resolve your claim internally, you might need to take legal action. This is the point at which you hire an attorney to discuss your legal options and craft a strong claim for your unpaid wages. This claim must be submitted to the United States Department of Labor’s Wage and Hour Division (WHD). This division is tasked with handling all allegations of unpaid wages in the United States. When you file your claim, a representative of the WHD will examine your evidence to determine if you have been denied wages. If so, it may offer you a settlement to cover your economic damages. If this investigation does not result in a settlement, you will need to pursue your claim in court.
Business and Employment Attorneys in Winter Park
Do not give your labor away for free. As a working American, you have the right to receive the wage you were promised by your employer, which must be at least the Florida minimum wage of $8.05 per hour. For representation in your wage dispute, contact Hornsby Law Group at 407-599-3800 today. When you call, schedule your legal consultation with a member of our firm to discuss your case, your grounds for an unpaid wages claim, and how to best proceed to get the money you rightfully earned.