If your unpaid wage claims are denied, it can be frustrating and stressful. The best thing you can do is consult an experienced employment attorney. The attorney can assess your claim and give you advice on your next steps.

You deserve to be paid for your hard work. Rowdy Meeks Legal Group LLC fights for employees’ wage, hour, and overtime rights.

What Does the Law Say?

According to the U.S. Department of Labor, employees can’t bring a suit under the Fair Labor Standards Act (“FLSA”) if they have been paid back wages under the supervision of the Wage and Hour Division. An employee’s claim might also be denied if the Secretary of Labor has already filed a suit to recover the wages.

An unpaid wage claim might be denied if the wage claim form does not contain all the required information. Some states, like Kansas, will alert you to any errors on the claim form so that you can correct them.

Unpaid Wage Claims are Denied Due to the Statute of Limitations

According to the FLSA, there is a deadline by which unpaid wage claims must be filed. The deadline for employees to file unpaid wage claims is two years from the date of the employer’s wage violation. If the violation was wilful, the deadline is three years.

State laws may have different timeframes, however. Employees need to understand the specific statute of limitations relevant to their situation.

If an employee files a claim after the applicable statute of limitations has expired, the claim could be denied on procedural grounds.

Wage Claims May Be Denied Due to Insufficient Documentation

When filing a wage claim, the “initial burden of proof” is on the employee. That means it could be denied if employees lack sufficient evidence to support their claim. Without adequate documentation, it becomes challenging to prove the validity of the claim and the amount owed.

Employees should keep detailed and accurate records of their hours and wages.

• Keeping copies of pay stubs, timesheets, and any written agreements or contracts related to employment and compensation.
• Documenting hours worked, including overtime, breaks, and off-the-clock work.
• Communicating with the employer in writing regarding any discrepancies or issues with wages or payment.

Employees though do not need any records or documents to pursue an unpaid wages claim.  Any records and documents will help establish the claim.

Dispute Over Employment Status is Another Reason Unpaid Wage Claims are Denied

A wage claim may be denied if the employer disputes the employment status of the employee. Employees must understand how they are classified, as it directly affects their legal protections.

• Employees are entitled to minimum wage, overtime pay, and other benefits mandated by the Fair Labor Standards Act (FLSA) and state wage laws. Independent contractors, on the other hand, are not covered by these protections.
• Non-exempt employees are entitled to overtime pay for hours worked beyond 40 in a workweek. Exempt employees, such as those in executive, administrative, or professional roles, may be exempt from overtime pay requirements. 
• The statute of limitations for filing wage claims may vary depending on the employee’s classification.

Unfortunately, employers often use misclassification to avoid paying employees the overtime they earn. Employees should gather documentation such as employment contracts, job descriptions, and pay records to support their position. 

If your employer intentionally misclassifies you, an experienced wage-and-hour attorney can assess your case and provide guidance.

Contact a Reputable Employment Attorney if Your Wage Claim Has Been Denied

Rowdy Meeks Legal Group LLC fights wage, hour, and overtime violations. We understand the strain unpaid wages put on your family and want to help you get the pay you’re legally entitled to.

If your unpaid wage claims are denied, you should contact us today for a free case evaluation.