Steps to Recover Unpaid Wages and Hours

 

Working should give one a sense of accomplishment and build professional abilities. However, a job should also provide an income.

When employers fail to provide wages at the previously agreed upon rate, employees have been left without appropriate compensation.

Have you been denied wages or hours unjustly?

Don’t worry; help is available. There are steps you can take to recover unpaid wages and hours.

 

Step 1: Establish Whether your Job is Salaried or Hourly

Some employers can mischaracterize your work by identifying your job as salaried instead of hourly.

Salaried work typically includes:

  • Supervision of other employees

  • Management or providing advanced administrative tasks

  • Regularly exercise of your judgment

There are always exceptions, but if you do not fulfill the above responsibilities, your job is most likely an hourly position.

If you believe your work has been misidentified as being salary or hourly when it should be the other, reach out to an attorney today.
 

Step 2: Determine How Much You are Owed

The law mandates your employer to maintain a file of your hours worked. This file should note your beginning and ending times, not just general guidelines for the beginning and end of work days.

If you have personally kept track of your hours, count them up separating weeks on the same schedule your employer uses (typically Sunday through Saturday).

You should be paid the agreed rate per hour for up to 40 hours and time and a half for any additional hours (in most cases).

 

Step 3: Demand Lost Wages

Use your listed official hours and pay rate documentation to create an official demand for lost wages. When you deliver your wage demand, make sure to keep a copy for yourself and document when you delivered the demand to your employer.

If you no longer work for the employer, you should receive your wages by:

  • the next regular pay date

  • 14 days after receiving your demand

Your pay should arrive on whichever of these situations occurs first. If not, you may be entitled to up to three times the amount of lost wages.

 

Step 4: Taking Additional Action

If your employer has still not paid you within 14 days, you have grounds to file a small claims lawsuit. Remember, you are entitled to up to three times the amount of unpaid wages. Make your claim out to that amount. Beware of going over the threshold of small claims. A qualified attorney can walk you through this entire process; in most cases, they will pursue your employer for all legal fees.

 

The attorneys at Pitt, McGehee, Palmer, & Rivers have taken many cases on unpaid wage and hour suits. We can help you obtain the wages you are owed as well as any additional fines for your lost time.

 
 

What Every Employee Needs to Know About FMLA

The federal mandate, known as the Family and Medical Leave Act, or FMLA, helps bridge workers’ employment and health needs for the individual and their family. Lawmakers designed this legislation to require employers to allow their employees...

5 Ways to Challenge Your Non-Compete Agreement

Starting a new job is an exciting time full of new opportunities for growth and learning. The challenges that come with learning a new set of processes and approaches help an individual to become more agile and capable of new skills. However,...

Filing a Wage and Hour Claim Made Easy

Federal law orders employers to pay minimum wage, plus time and a half for work done past 40 hours, according to the federal Fair Labor Standards Act (FLSA). The 21st century has rife with claims of unpaid wages. In 2018, the Wage and Hour...

Types of Religious Discrimination in the Workplace

  Michigan is fortunate enough to have a diverse population with residents and visitors who bring distinct backgrounds and identities to our state. Many laws protect our residents from workplace discrimination. The Elliott-Larsen Civil...

What Are Wage and Hour Claims?

Discrimination and harassment lawsuits used to be the most common types of employment lawsuits. Recently, however, the most common type of lawsuits filed against employers are wage and hour claims. Thus, it is essential to understand your rights and...

Are Employment Agreements Legally Binding?

Employment agreements, or employment contracts, outline the exact nature of a person’s relationship to the company they will work for. While these employment agreements do hold up as contracts, it’s important to understand just how...

Can You Sue For Wrongful Termination?

Are you stuck on determining whether your termination was legitimate or illegitimate? In most organizations, an employer can fire a worker at any time with or without a valid reason. However, in some instances, the "at will" isn't...

Steps To Take If You Were Sexually Harassed At Work

Sexual harassment in the workplace is a serious issue that should be addressed immediately if you are a victim yourself. Sexual harassment can include lewd comments, bribery, or in severe situations, even physical assault. When you are a victim of...

3 Examples Of Gender Discrimination In The Workplace

While gender equality advocacy campaigns have been on the rise in the recent past, there are still some instances of gender discriminations. Workplace discrimination cases make up a majority of these gender discrimination incidences. Needless to...

Was Your Firing Illegal?

Wrongful termination is both bad business and moral outrage. The moment an employee thinks that he/she can’t trust an employer, they stop being honest and giving their best when completing duties assigned to them. This will deprive the company...

3 Signs of Age Discrimination

When a person grows older and reaches a certain age, they are seen as inferior and are often excluded in certain activities such as birthdays parties. Things get aggravated in the workplace when other young adults are hired to replace the old ones...
Page: 12 - All