Filing a complaint about unpaid wages can be nerve-wracking. But, you deserve to be legally paid for all hours you work.
Rarely, you can file a wage claim anonymously, but it might not be in your best interest. Meeting with an experienced employment attorney like Rowdy Meeks Legal Group LLC can help you decide on the best course of action to recover your unpaid wages.
Confidentiality, Government Agencies, and Your Complaint About Unpaid Wages
Whether you can submit an unpaid wage claim anonymously depends on the specific procedures and policies of the agency or authority to which you’re submitting the complaint.
You may be able to request confidentiality when submitting an unpaid wage claim to a government agency responsible for wage and hour laws, like the Department of Labor. However, your identity and contact information is likely necessary to investigate your claim further and recover any unpaid wages due.
Is Confidentiality Helpful When You File a Complaint About Unpaid Wages?
You may be nervous about submitting an unpaid wage claim, but confidentiality might make it more difficult to investigate your claim.
If you file an anonymous wage claim, you won’t receive any updates during the investigation. You also won’t be told if your claim is denied. In the case of an anonymous unpaid wage claim, you may only be contacted if the claim is resolved and you will need to identify yourself if you are to receive money.
Legal Protections Against Retaliation
The FLSA and state law provide robust legal protections to employees who assert their rights to unpaid wages including overtime pay. Exercising your legal rights by filing a wage and overtime claim is a legally protected activity.
If your employer retaliates in any of the ways below, you can take legal action.
- Termination
- Demotion
- Reduction in hours
- Negative performance reviews
- Harassment
- Unfair treatment
- Constructive discharge
Employers do not retaliate against employees who file unpaid wage claims. Employers know that they are legally liable for any retaliation. If anything, employers generally treat employees who file wages claims more favourably so no retaliation occurs.
Common Unpaid Wage Complaints
Minimum Wage Violations: An employer should pay employees the applicable federal or state minimum wage. They’re entitled to file a wage complaint if their wages are below minimum wage.
Overtime Pay Violations: If non-exempt employees work more than 40 hours per work week, they are entitled to overtime pay. If they don’t receive overtime at 1.5 times their regular pay rate, they may file complaints for unpaid overtime wages.
Off-the-Clock Work: An employer can’t ask employees to work off the clock without compensation. Employees who work before or after their scheduled shifts, during meal breaks, or outside of regular working hours without receiving pay for those hours can make an unpaid wage claim.
Misclassification as Exempt: Employers misclassify employees as exempt and pay them a salary to avoid paying overtime. Employees classified as exempt from overtime pay but don’t meet the FLSA exempt employee criteria can file a wage claim.
Failure to Pay for Hours Worked: Employees can take legal action if their employers don’t pay them for hours they work on job-related activities such as training, meetings, or travel.
Illegal Deductions: It is illegal for employers to make deductions from employees’ wages that are not authorized by law or agreed upon in writing by the employee.
Tip Pooling Violations: Tip-pooling is a common wage theft issue that employees, such as restaurant servers and bartenders, contend with regularly. An employer or manager may not unfairly pool and distribute tips or lower pay below the minimum wage rate.
Consult An Employment Attorney About Your Wage Claim
You shouldn’t be afraid to fight for the wages you have worked hard for in fear of retaliation. You are legally entitled to pay for all hours you work.
Contact Rowdy Meeks Legal Group LLC if you want to discuss any complaint about unpaid wages.