what lawyer is need to sue for back wages

Full Answer

Can I sue if my employer doesn't pay me back?

You can always sue when an employer doesn't pay you (see steps above). However, an employee cannot bring a private lawsuit if: They are paid back wages under the supervision of WHD The Secretary of Labor has already filed suit to recover the wages

How does the Secretary of Labor sue for back pay?

The Secretary of Labor may bring a lawsuit for back wages and an equal amount as liquidated damages* An employee may file a private lawsuit against an employer for back pay and an equal amount as liquidated damages*, plus attorney's fees and court costs.

Do I need a lawyer to file a wage claim?

You need a lawyer to help you decide if your wage claim is worth pursuing. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.

Should I hire a lawyer to handle a debt settlement?

An attorney can assist you in gathering the evidence you need to prove that the debt isn't owed, and making sure that all procedural requirements are met. If it is likely that the attorney will charge more to represent you than the amount of the debt, it might not make sense to hire a lawyer.

Who can supervise the payment of back wages?

Who can get back pay?

What does "back pay" mean?

What is FLSA back pay?

Why do employers withhold wages?

How can back pay be recovered?

How long is the statute of limitations for back pay?

See more

About this website

Can you sue a company for not giving you what you paid for?

The answer to the question, “Can you sue a company for not paying wages” is yes for both unpaid wages and the interest charged on unpaid wages as established by state law. You might also qualify for liquidated damages, which is a federally established form of compensation that you receive instead of interest.

Is a wage claim a lawsuit?

When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state's labor department.

How far back can I claim unpaid wages?

2 yearsAlthough the maximum period for an unlawful deductions claim will now be 2 years, employers can still seek to shorten this period if there has been more than a 3 month break between deductions at any point in that 2 years.

How do I get back pay from my employer?

How to Collect Back PayThe Wage and Hour Division or the Secretary of Labor might supervise the payment of back wages.The Secretary of Labor might sue for back wages and damages.The Secretary of Labor can prevent an employer from violating the FLSA, including unlawful withholding of wages, by obtaining an injunction.More items...•

What does an employment lawyer do?

An employment lawyer can also give you an assessment of your likelihood of prevailing in any of the above options, and the cost for undertaking each of them. You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages.

What happens if you don't get paid for your work?

If your employer has not paid you fully for your work, you may be entitled to penalties and, in some states, attorney's fees, in addition to payment of wages owed.

Is it worth it to sit down with an attorney?

An Informed Decision. It's worth the time and money to sit down with an attorney and get a full assessment of your potential legal claims, the avenues of recovery, the damages you can recover, and the fees and costs you will pay to pursue a claim.

Can an employee sue an employer for unpaid wages?

When an employer violates wage and hour laws, an employee often can sue the employer. But, in many situations, the employee may have other options. For example, in some states, you can file a claim for unpaid wages against your employer with the state labor department, which will then hold a hearing to issue a finding on the claim.

Who can bring a lawsuit for back wages?

The Secretary of Labor may bring a lawsuit for back wages and an equal amount as liquidated damages*

How to help a back pay dispute?

A lawyer can help by arming you with knowledge of your rights and the enforcement mechanisms available in your situation.

How long can you sue for WHD?

They are paid back wages under the supervision of WHD. The Secretary of Labor has already filed suit to recover the wages. The two-year statute of limitations (time limit on bringing a lawsuit) has passed. However, in the case of a willful violation, a three-year statute of limitations applies. Remember: An employer cannot fire or discriminate ...

What is back pay in FLSA?

This is a common remedy for wage violations. Your employer should make up the difference between what you were paid and the amount you should have been paid. The difference is referred to as " back pay .". Back wages may be ordered in cases under the FLSA.

What are the penalties for not paying employees?

Employers who willfully violate the minimum wage or overtime laws are subject to civil penalties of up to $1,000 for each willful violation. Willful violations of the FLSA may result in criminal prosecution. The violator can be subject to a fine of up to $10,000.

How much can a WHD violation be fined?

The violator can be subject to a fine of up to $10,000. A second conviction may result in imprisonment. If you believe you may be owed back wages collected by WHD, you may search the WHD's database of workers, and if you find that you are owed money, you can submit a claim.

What is wage theft?

Federal law says all employees need to be paid for the time they work. They also must be paid the correct amount without being shortchanged. A violation of these laws is called "wage theft.". The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for enforcing the Fair Labor Standards Act (FLSA).

How to file an unpaid wage claim?

If you believe your employer is withholding wages from you, you can file an unpaid wages claim through the U.S. Department of Labor’s Wage and Hour Division (WHD). If your claim relates to your state’s minimum wage law, however, you must file through your state’s wage and hour division. To file a claim through the WHD, you can go to your nearest WHD office or call the WHD toll-free at 866-4-USWAGE.

What happens if an employer withholds your wages?

When your employer withholds your wages, the consequences for you and your family can be serious. Everyone deserves payment for the time they put in at work, and you must fight for your rights as an employee if you want justice. You can use evidence such as pay stubs, time records, and witness statements to support your case.

Can you sue your employer for withholding wages?

You shouldn’t be afraid to take action if you know your employer is withholding wages from you. The Fair Labor Standards Act (FLSA) enforces the payment of wages to employees. You can file a claim against your employer to receive backpay. If necessary, you can sue your employer for liquidated damages, as well.

Can a WHD sue your employer?

The WHD may also offer to sue your employer on your behalf if they believe the situation is serious enough. You have the option, however, to refuse their offer and instead file a private lawsuit against your employer. Suing your lawyer for unpaid wages can result in an award of both backpay and liquidated damages.

A Professional Lawyer Fighting for Your Unpaid Overtime Pay

It is unfortunate that many employers consistently resort to cynical dodges to avoid paying wages or other employment incentives that workers are entitled to receive.

Do You Need An Unpaid Wages Attorney?

Don’t be afraid to take legal action if your employer does not respect your wage and overtime rights. At The Hedgpeth Law Firm, PC, we make the claim process a little easier on you. We will assess your case and explain the best way to recover everything you are entitled to receive under the law.

How long can you sue for unpaid wages?

A person can file a lawsuit under federal law in court; this must be done within two years of the violation, i.e., the date on which the wages became unpaid, unless the employer’s violation was willful. For a willful violation of federal law, the time limit is three years. Also, an employee may not file a private lawsuit if the employee has already been paid back wages as a result of a complaint filed with the WHD.

How to recover unpaid wages?

One approach is to file a complaint with the Wage and Hours Division (WHD) of the U.S. Department of Labor. It is important to keep in mind that there are time limits to filing a claim of unpaid wages so it is best not to delay or wait to file a claim.

What to do when an employee has unpaid wages?

If the company has a human resources department, an employee could consult with the human resources department about the problem and how it could be resolved;

Why is it important to consult an employment lawyer?

It is important to prepare yourself by learning about federal and state laws regarding employment disputes such as unpaid wages. A knowledgeable and experienced employment lawyer can make the process much easier. They will inform you of the laws and what your options are, and can help you gather documentation and represent you in your lawsuit. You are most likely to get the best possible outcome if you have an experienced employment lawyer representing you.

What does it mean when an employer fails to pay the minimum wage?

The employer fails to pay the correct minimum wage; The employees are intentionally miscategorized in a way so that they are paid less than they should be; Clerical or administrative errors are made; The employee is not paid for all of their time on the job – they are made to work “off the clock”;

Why are wage disputes so complicated?

As can be seen, wage disputes are complicated because they often also involve other legal matters, such as discrimination and even sometimes, theft. Having wages withheld creates problems for both employees and employers. These disputes can also be complicated because both state and federal law can be involved and each state has its own system of wage law enforcement.

How much do you have to pay an hour in California?

For example, California requires a minimum wage of $13 an hour for employers who have at least 26 employees. Overtime pay of time-and-a-half must be paid for hours worked over 8 in a day, 40 in a week, and for the first 8 hours of the seventh day worked in a week.

Introduction

When you work for a company, you expect to receive compensation. Sometimes, however, things don’t go as planned and an employer may violate one of California’s wage and hour laws. The result could be that you are owed back pay and wages – with interest!

Determining Back Pay

The State of California‘s Division of Labor Standards Enforcement (DLSE) will often audit and investigate companies. If back pay is determined to be owed, most employees will be notified. The DLSE will usually send out a written notice listing the state or federal wage violation and that they are owed money.

What is My Claim Worth?

If you feel that you are owed back pay or you have been advised that you are, then you probably want to know what that amount is, right? Of course, calculating this amount is important for filing a claim to get your money, too.

Suing for Back Pay in California

Filing a lawsuit for back pay can help you to recover the monies owed to you. And, as we have just discussed, this can include interest, fees, and costs. It is best to speak to an attorney for guidance through the process – or determine whether it is even the best course of action.

The Need For an Attorney

You work to get paid. That’s the way it is supposed to go. When things don’t end up that way, it is important to take steps to see that you are compensated for your time. The law is behind you. But, in seeking back pay, you have several different options in California.

Who to talk to about debt settlement?

If you need help working out a payment arrangement with a creditor, talk to a debt settlement lawyer.

What to do if you think the garnishment is wrong?

If you think the wrong amount is being taken, you should consult with an attorney. If, however, it will be too expensive to hire a lawyer, you can challenge the garnishment amount on your own.

How much can a garnishment take?

In the case of a garnishment to pay a judgment, federal law allows the creditor to take up to 25% of your wages or the amount that your income exceeds 30 times the federal minimum hourly wage, whichever is less. Some states allow a lesser amount. Other limits might apply to administrative wage garnishments.

What do you get when you get a garnishment?

When you're notified that a garnishment has been filed, you'll receive a packet of information from the court or the agency responsible for the administrative wage garnishment . The papers should include an explanation of how much can be taken from your paycheck each pay period. In the case of a garnishment to pay a judgment, ...

What debts can be garnished?

Other debts that can be collected through an administrative wage garnishment include federal student loans and back taxes. If you're facing a wage garnishment or your wages are already being garnished, you might be wondering whether you should hire an attorney, challenge the wage garnishment on your own, do nothing, or take some other action.

How to get back on your feet after bankruptcy?

If you're struggling with debt, you might want to consult with an attorney to find out whether bankruptcy can help you get back on your feet. Filing a bankruptcy petition will stop most garnishments immediately. But it won't stop an income deduction to pay child or spousal support.

What to do if you already owe a debt?

If you already paid the debt, or you did not owe the debt to begin with, you should consult with an attorney. At the time a garnishment has been filed, either a court or an administrative agency has determined that you're legally obligated to pay that debt.

Who can supervise the payment of back wages?

The Wage and Hour Division can supervise the payment of back wages; The Secretary of Labor can bring a suit for back wages as well as an equal amount as liquidated damages; An employee can file a private suit for back pay and an equal amount as liquidated damages in addition to attorney’s fees and court costs; or.

Who can get back pay?

Hourly and salaried employees can receive back pay. Other types of employees, such as freelance workers, part-time employees, and consultants, may also receive back pay.

What does "back pay" mean?

Sometimes, an employee may not receive the pay that they are entitled to from their employer. A remedy for this is to require that the employer pay the back pay. The term “back pay” refers to the amount that the employee should have been paid but was not paid. Back pay can include past wages as well as benefits such as bonus, ...

What is FLSA back pay?

Under the FLSA, employees are entitled to receive at least the minimum wage in back pay. If they have been wrongfully denied overtime pay, they are entitled to the standard overtime pay rates.

Why do employers withhold wages?

Withholding wages to stop an employee from reporting misconduct or for reporting previous misconduct. Employees can also get back pay when an employer retroactively increases wages and benefits.

How can back pay be recovered?

In this case, the employee would receive the back pay in the subsequent paycheck. Sometimes, a court may find that a company engaged in wage violations. In such a case, there will be a court order which will require the company to provide the affected employees with back pay. The Wage and Hour Division of the Department of Labor may also get involved to ensure that the back pay is given.

How long is the statute of limitations for back pay?

A two-year statute of limitations generally applies to the recovery of back pay. However, in the case of intentional violations, a three-year statute of limitations applies. Under the Davis-Bacon Act, back wages also are available for underpayments to employees.