You may recall a while back we discussed how to report an employer engaged in discriminatory practices. Here we will pick up where we left off, and discuss unpaid wages and overtime. Click on to read all about it!
For a claim of unpaid wages, an employee can do one of two things: (1) report the employer to the local Department of Labor; or (2) contact a local employment lawyer who does wage and hour litigation.
You can find your local office of the Department of Labor at
www.dol.gov.
One of their agents will advise you on whether they can assist you in
your claim for unpaid wages. In some
cases, a Department agent will come to your employer’s location, show your boss
their official government badge, and request to inspect your employer’s time
records. The employer must comply. The agent will then audit the time records
and, among other things, consider the records, your complaint and the
employer’s response in determining how much, if any, your employer owes you in
unpaid wages. If the employer is found to have committed a
wage and hour violation, the employer will be ordered to pay any and all unpaid
wages that are due, but no more. Regrettably,
I have received calls from prospective clients who have advised that the
Department of Labor will not conduct an investigation, for reasons not fully
explained to the caller.
I always urge employees
to consult an attorney first, because the employer can often be made to pay liquidated damages in addition to your
regular unpaid wages. This is equal to
the same money owed in unpaid wages. For
example, if an employee is owed $5,000 in overtime, the employer is likely
liable for the $5,000 in overtime, plus an additional $5,000 in liquidated
damages, so that the employee receives a total of $10,000 instead of
$5,000. In most cases, the employer also
pays your full attorney’s fees.
Additionally, if you are a current employee, and are
terminated or demoted for complaining to your employer, or for reporting your
employer’s wage and hour violation to either the Department of Labor or to an
attorney, you have a legal cause of action for retaliation or a whistleblower
action. You should first seek the advice
of an attorney because only an attorney can properly advise you on what you are fully
entitled to considering your circumstances.
