Do you need help to report unpaid wages? It can be frustrating and stressful to be out of pocket because of illegal wage practices.
Rowdy Meeks Legal Group LLC represents employees throughout the United States in wage disputes.
5 Steps To Report Unpaid Wages
1. Review Your Documentation
Collect any evidence, including:
- Pay stubs
- Timesheets or work logs
- Employment contracts or agreements
- Any written communications about your pay (emails, texts, etc.)
- Employee handbooks and other pay policies
2. Contact Your Former Employer
Start by reaching out to your employer in writing if you are comfortable doing so. Politely but clearly explain the situation and request the unpaid wages. Sometimes, employers may resolve the issue without further action. You can contact an employment attorney before you write your employer if you need assistance in writing the communication.
3. File a Wage Claim with the Department of Labor (“DOL”)
If your employer does not respond or pay, you can file a claim with the U.S. Department of Labor’s Wage and Hour Division or with your state labor agency. Federal law under the Fair Labor Standards Act (“FLSA”) requires employers to pay the wages owed, and filing a complaint can trigger an investigation.
Here is the unpaid wage claim process, according to the Kansas Department of Labor.
- An employee must complete a wage claim form.
- The Office of Employment Standards will then review and process the claim.
- Once the claim is processed, the Labor Conciliator will notify the employer along with the claim. The employer has ten business days to respond in writing to the claim.
- There will be a hearing where the employer and employee will submit supporting documentation, testify, and tell the presiding officer what happened.
- The final decision may involve the employer paying the employee or offering them a settlement.
However, when you file a claim with a government agency, it takes a long time to pursue it. You are also likely to recover less wages than if you consulted an employment attorney.
4. Consult an Employment Lawyer
An experienced employment attorney can expedite the recovery of unpaid wages and secure the compensation you deserve. Their legal expertise, negotiation skills, and advocacy can make the recovery process easier and lead to a prompt resolution of your unpaid wage claim.
Rowdy Meeks Legal Group LLC offers free case evaluations. We will determine the strength of your claim, and explain your rights based on federal and state laws.
5. File a Lawsuit
If the DOL or your state’s labor agency is unable to resolve the issue, or if you’re seeking additional damages like overtime or penalties, you may choose to file a lawsuit. Under the FLSA and state law, you can recover back pay, liquidated damages (sometimes double the amount of back pay), and attorney fees.
Report Unpaid Wages Within the Correct Deadlines
Time limits apply for wage claims:
- FLSA claims typically have a 2-year statute of limitations (3 years for willful violations).
- State laws may have shorter or longer deadlines, so check with your state labor agency or an attorney to ensure you file in time.
Recovering Back Pay
Back pay is wages that an employer owes employees for work they previously completed work but which remains unpaid.
Here are some reasons you may have to calculate back pay.
- Overtime Pay
- Minimum Wage Violations
- Unlawful Deductions
- Off the Clock Work
Under the Fair Labor Standards Act, employers are liable to pay the total value of an employee’s unpaid work hours from when the underpayment begins until the claim is finalized. Employers may also be legally required to pay additional liquidated damages or attorney’s fees.
Working With an Employment Lawyer Like Rowdy Meeks Legal Group LLC
You are legally entitled to compensation for all of your work, and you should pursue the matter if you have been a victim of illegal wage practices.
If you need advice on how to report unpaid wages, you should contact Rowdy Meeks Legal Group LLC for a free evaluation.