The amount you can sue for unpaid wages depends on several factors, including the amount of wages owed, any penalties or damages provided by law, and whether attorney fees and other costs can be included.
An experienced employment attorney like Rowdy Meeks Legal Group LLC can assess the strength of your case, explain the legal process, and guide you in your next steps as you pursue your pay claim.
Suing for Unpaid Wages
Regular wages that were not paid for hours worked.
Overtime wages that were not paid if you worked more than 40 hours a week (or over 8 hours in a day, depending on state law).
Final wages if you were not paid for the last paycheck after you left or were fired. Many states require employers pay unused vacation on the last paycheck.
You may have grounds for an unpaid wage claim under the federal Fair Labor Standards Act and/or state wage law if:
- You are an individual who has not been paid the minimum wage.
- You have not received overtime pay, or your employer failed to include all of your different pay amounts in your overtime rate.
- You have not been paid for hours worked or were forced to work off the clock.
- You were subject to unauthorized paycheck deductions.
- Your pay was subject to uncorrected clerical or accounting errors.
- You were subject to unpaid breaks and meal periods during work time.
Under the Fair Labor Standards Act (“FLSA”) and many state laws, you may be entitled to liquidated damages in addition to the wages you are owed. This means that you could recover double the amount of your wage claim if the employer wilfully failed to pay you.
Attorney’s Fees and Court Costs
Many wage laws allow employees to recover attorney’s fees and court costs if they win their case. This is important because it can make it easier to pursue a claim even if the wage claim is relatively small.
If your employer refuses to pay wages and you have to hire an employment attorney, the fees may be covered, which reduces your out-of-pocket expenses.
Example Calculation
Let’s say you’re owed $3,000 in unpaid overtime wages. Here’s what you could potentially recover if your employer is found liable:
- Unpaid wages: $3,000
- Liquidated damages: $3,000 (double the wages owed)
- Interest and penalties: Depending on state laws, this could add up to several hundred or thousands of dollars.
- Attorney’s fees and costs: If you win your case, your employer may be required to pay your legal costs, which could add another $2,000–$5,000 (or more) depending on how long the case takes.
In this scenario, you could potentially sue for over $10,000, depending on your state’s laws and the court’s judgment.
The wage claim process is complex and depends on multiple factors. It is essential that you contact an experienced employment attorney to help you navigate the process.
Statute of Limitations To Sue For Unpaid Wages
The amount of time you have to file a wage claim lawsuit varies by state and type of claim. Under the FLSA, the statute of limitations is generally two years, or three years for wilful violations.
States have their own statute of limitations for filing unpaid wage claims. Many states have the two and three year time periods found under the FLSA. However, there are states with longer statute of limitations for wage claims. For example, California has a four year time period for filing some wage claims. New York provides a six year time period for filing many wage claims there.
Contact An Employment Attorney You Can Trust
Navigating the wage claim process can be complex and daunting. If you want to assess the strength of your case and how much you can sue for unpaid wages, you should contact Rowdy Meeks Legal Group LLC today.