Every employee deserves fair pay for the hours they work. Yet, wage and hour violations are a widespread issue, leaving many workers underpaid and undervalued. Whether you’ve been denied overtime pay, short-paid on your wages, or subjected to other unfair practices, filing a wage and hour claim is your legal right.
Fortunately, with help from a reputable New York wage and hour lawyer from The Samuel Law Firm, you can get help protecting your rights and learn more about how you can hold your employer accountable and recover the fair compensation you are entitled to. Here is more about employee rights under the state and federal wage and hour laws, and what to expect if you decide to file a complaint against an employer who is violating these laws.
Employee Rights under Wage and Hour Laws
Wage and hour laws exist to protect workers from exploitation and ensure fair treatment. The Fair Labor Standards Act (FLSA) sets the federal standard, but many states offer additional protections. Knowing your rights is the first step in identifying and addressing violations.
Minimum Wage
The current federal minimum wage is $7.25 per hour according to the US Department of Labor. However, many states and cities mandate higher minimum wages. If your employer pays you below the required rate in your jurisdiction, they are violating the law.
Overtime Pay
Employees who work more than 40 hours a week are entitled to overtime pay at 1.5 times their regular hourly rate according to the FLSA. Some employers attempt to avoid paying overtime by misclassifying employees or failing to accurately track hours worked. These practices are illegal and actionable.
How to File an Unpaid Wage Complaint
If you believe your employer has violated your wage and hour rights, taking action can make all the difference in the outcome of your case. Follow these steps to file a claim and protect your earnings:
Step 1: Collect Evidence
Gather all relevant documents that support your claim, such as pay stubs, timesheets, schedules, or employment contracts. Make note of specific instances where you believe wage violations occurred, including dates and hours worked.
Step 2: Contact Your Employer or HR Department
Before filing a formal complaint, attempt to resolve the issue directly with your employer. Misunderstandings or clerical errors can sometimes explain discrepancies. Document any communications to ensure you have a record of your efforts. Be sure to keep separate copies of these communications as some unscrupulous employers may attempt to delete emails if they deny your claim.
Step 3: File a Formal Claim with the Department of Labor
If the issue remains unresolved, you can file a wage and hour complaint with the Department of Labor’s Wage and Hour Division (WHD). The WHD will investigate your claim and work to recover any unpaid wages if a violation is found. You may also have the option to file a claim with the New York State Department of Labor (DOL).
Common Wage Violations
Unfortunately, wage and hour violations come in many forms. Here are some of the most common issues you might face:
- Misclassification
- Partial or late paychecks
- Unpaid overtime
- Wage theft
- Working off the clock
What Happens After Filing a Claim
Once you have filed a wage and hour claim, the process moves into the investigation phase. Here’s a general idea of what to expect:
- Investigation – The US Department of Labor or the NYS DOL will review your evidence, interview witnesses, and evaluate your employer’s records.
- Resolution – If violations are found, the agency may require your employer to pay back wages, penalties, or damages. In some cases, employers may face additional fines or sanctions.
- Potential outcomes – If your claim is successful, you could recover unpaid wages, secure compliance from your employer moving forward, and even pursue further legal action if necessary.
Tips for Working With a Wage and Hour Attorney
Navigating wage and hour claims can be overwhelming, especially when facing an uncooperative employer. A reputable wage and hour attorney from The Samuel Law Firm can provide critical support throughout the process. Here’s how you can take advantage of our decades of legal experience:
- Ask questions – Don’t hesitate to ask us about the legal process, potential outcomes, and our experience handling cases similar to yours.
- Be prepared – Bring all relevant documents and information to your initial consultation.
- Communicate openly – Keep us informed if there are any changes or updates to your situation.
Meet With a Reputable Wage and Hour Claim Attorney for Help Today
Standing up for your wage and hour rights is not just about recovering lost pay, it’s about ensuring fair treatment for yourself and others in the workplace. If you suspect a violation, don’t hesitate to take action. A skilled wage and hour attorney in New York from The Samuel Law Firm can guide you through the process, advocate for your rights, and help you recover the maximum compensation you deserve.
Wage theft and unfair practices are more than just legal violations. It’s a blatant breach of trust. By filing a claim, you can demand your rightful earnings and help hold your employer accountable. In doing so, you may be able to prevent future employees from experiencing similar violations. When you need a reputable employment law attorney to help you pursue your legal claim, do not hesitate to contact our law office to request a 100% free consultation. Reach us by phone or through our quick contact form to get started on your wage and hour claim complaint as soon as today.
