Employees Guide to Unpaid Wage Claims

Many employers do not pay staff members effectively. In most years, the Department of Labor receives roughly 35,000 complaints from employees about unsettled earnings or benefits. These are some tips to make sure you are being paid effectively.

Keep a record of your hours independent of those that your employer may keep. Lots of employers fail to have adequate record keeping systems so it is frequently your word against the employer’s word; and you are offered the benefit of the doubt.

If the Company has a policy and procedure manual, evaluate it and keep it in a safe place at your office or home. Read exactly what it says about hours and overtime pay. If your Company is not following its own policy, speak with somebody at HR about it. For example, some companies have a policy that overtime must be licensed by a manager. If you are working overtime without authorization, you might not be able to implement your claim. [source]

If your Company routinely assigns overtime work and you desire it but do not get it extremely frequently, make notes about who gets the overtime. This could be the basis for a discrimination complaint if, for instance, overtime is only offered to white males and the labor force is more varied.

If you are paid more than $455 each week and not paid overtime for work over 40 hours per week, your task duties might not qualify your employer to exempt you from overtime. There are a number of exemptions to overtime laws for executives, administrators, or specialists, however it makes good sense to discover if you have been appropriately classified. For example, if you have no hiring or shooting authority, if you do not supervise two or more employees or if you have no authority to make independent choices that affect the management of the business you are working for, you may not be exempt no matter what title your employer offers you. “Executive Administrative Assistant” does not mean you are an exempt staff member if your task tasks are restricted to responding to phones, typing letters and purchasing office supplies.

Do not wait to make a claim once you think you are not being paid appropriately. In most cases, overtime wages can be recovered for 2 years. In cases where the company can be shown to have known he was not paying his employees properly and was doing it anyway, you may be able to return 3 years. However do not wait more than two years since your claim might be lost. As soon as you become aware that you are not being correctly paid you ought to tell your company. If he does not remedy the issue or if he provides you a description that you do not think is accurate you need to talk to a lawyer.

If you grumble, do it in composing. Write an e-mail or a memo or a letter to your employer and date it. If it is dated or time stamped there is no chance the company can later on declare he was not knowledgeable about the claim.

Do not be arrogant or confrontational or make threats about submitting a suit if you make a claim. If the company is advanced he will generally understand what will occur if he fails to correct the problem. If the employer truly thinks, for example, that you are exempt, he ought to look into your claim, consult his lawyer and get back to you with a description. If you are not pleased with his description, consult with your own legal representative. Not all cases of exempt workers are black and white.

If your company changes your task tasks to consist of supervision of two or more employees or otherwise tries to make you an exempt staff member after you have grumbled, you should let him know that you are still entitled to past overtime earnings for the period you were misclassified.

If all else stops working, sue your employer if he chooses not to pay you appropriately or if he terminates you. Retaliation is illegal and will entitle you to a range of damages in addition to your overtime earnings. You do not need to bring your claim to the Department of Labor or to the EEOC. You can go straight to court.

Before you speak with a lawyer, gather all your papers and made a detailed list of the hours operated in weekly where you declare you are entitled to overtime pay.
If you wish to know more about overdue earnings or overtime pay you can visit https://www.cooperemploymentlaw.com/ for more details.