Can I Sue For Not Getting Paid

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Can I Sue For Not Getting Paid

Can an employer refuse to pay?

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Federal law set forth in the Fair Labor Standards Act (FLSA) essentially protects all workers regardless of their employment or legal documentation status. As a worker, you have a fundamental right under the FLSA to be fully compensated for the work you do.

All the money you have earned is your property. If your employer refuses to pay you what you have earned, you have every right to sue them for this unpaid wages.

This also applies to workers who have resigned or been fired and have not yet received compensation for the last days or weeks of work. If you worked before you were fired, you earned money and you deserve to see it. Again, these unpaid wages are a criminal offense and you are entitled to compensation.

Under the FLSA, it is illegal for an employer to withhold your wages for any reason. Late payment can also be considered a violation of federal law.

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Employers are legally obligated to pay wages to their workers on the next regular payday for the preceding pay period. There are no exceptions to this rule, and many states have enacted laws that penalize employers who delay paying their employees. Simply put, the days you have to wait for your paycheck, your compensation can be considered unpaid wages, which gives you the right to file a lawsuit or pursue a legal claim.

In most cases, your employer can reduce your salary or hourly wage (as long as it is not below the applicable federal or state minimum wage), but only if they give you advance notice.

In general, pay cuts are not a surprise. If you are shocked to learn that your wages have been withheld, you may be a victim of wage theft and may be entitled to more compensation than unpaid wages.

If your employer decides to reduce your wages, you must pay all the hours you worked before agreeing to reduce your old higher wages. This also applies in cases where employees are paid per diem.

Can I Sue My Employer For Not Paying Me?

Let’s say you pay on Friday. You work Monday and Tuesday and then on Wednesday your boss tells you he’s cutting your hourly pay. If you agree to a reduction, the hours you worked on Monday and Tuesday must be paid at your base rate.

On the other hand, if your boss undercuts your pay for all the hours you worked that week, he’s committing a wage and hour violation.

For your pay cut to be legal, you must accept the lower pay. But you can’t say, “No. I think I’ll continue working for a higher wage.” In America, where employment is “at will”, the only way to disagree with new (lower) wages is to quit.

There are some situations where your employer can legally deduct wages from your paycheck to cover business-related expenses.

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On the other hand, a wage deduction is never legal if your hourly rate falls below the applicable minimum wage.

Under the FLSA, employers can deduct from wages to cover expenses for equipment used on the job, damaged property, theft, or if a customer leaves their bill unpaid.

Some states, such as Colorado and Massachusetts, make it more difficult for employers to pay for power outages or property damage. Other states, such as Tennessee, have taken the position that deductions must be agreed to in writing in advance. It is a good idea to check your own state’s regulations on this matter.

But again, deductions cannot lower your wages below minimum wage. Employers sometimes meet this requirement by spreading the cost of the item over a few days or weeks and deducting a small amount from your payment. This is legal as long as you don’t go below minimum wage.

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Many businesses are still struggling with the effects of the recession, and we’ve heard from many workers who have cut their hours to save money for their employers.

For non-exempt employees, and especially hourly employees, this is perfectly legal. Employers can reduce their employees’ working hours or order a “holiday”, which means you have to take a day off every week or month. But they still have to pay you for every hour you work.

A problem may arise if employers reduce hours but require the same amount of work. Obviously, we don’t think this is fair. It is illegal if you have to work outside of your scheduled hours or on a holiday, but you are not compensated for the time it takes to “pick up”.

Certain employees are considered “exempt” from the FLSA. They are not entitled to minimum wages or overtime wages. The exemption is mostly a matter of what you do at work, but it also depends on your salary.

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If you were previously “exempt” but your wages (the guaranteed amount you earn regardless of how many hours you work) are now less than $455 a week, you are no longer exempt. This means you are entitled to overtime pay.

Do you feel you’ve been wrongly paid for your work – or not paid at all? Then you have two basic options: file a lawsuit in court or file a formal complaint with the US Department of Labor (a federal agency) or your state’s department of labor.

In any case, it is better to write to the employer first. It doesn’t have to be complicated, just a simple explanation of what they owe you and how much you want to withdraw. Send it to your employer (return receipt requested), keep a copy for your records, and see what happens. Who knows? Your employer can reimburse you for the wages you earned. Even if not, sending an application to employers has another beneficial side effect.

Employer retaliation is very real. It happens like that; People can be fired, demoted, or have their time to speak cut. Proving that an employer acted because an employee spoke out can be tricky. After all, there are many legitimate reasons for firing someone, as well as illegitimate ones. In the case of retaliation, a pre-demand letter can serve as evidence in a claim that your employer was notified of a wage violation. This is definitely proof that you tried to resolve your differences without involving the courts, but things got out of hand.

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Small claims courts are informal and relatively inexpensive places to resolve small disputes. Small claims court is a good option for people who want a relatively small amount of back pay because litigation in federal or state court is expensive. Attorneys generally do not engage in small claims because the financial stakes are so low. Some states may also prohibit small claims court attorneys. There is no jury; A small claims court judge will review and decide your evidence and arguments, as well as those presented by your employer. In some cases, this can be a disadvantage. There is no guarantee that a small claims judge will understand all the nuances of employment law.

Each state has its own limit on the amount you can file in small claims court, ranging from $3,000 to $10,000. If you owe more than your state’s limit but still want to file a lawsuit, you’ll need to do so in a larger court — and that probably means hiring a lawyer.

An important question is whether your problem with unpaid wages is personal, limited to you, or collective. Are large groups of employees deprived of their rights? This often happens because many employers rely on company-wide or position-wide pay strategies that violate federal law. Contact may be the solution.

Many wage and hour lawsuits can be filed as class actions, allowing attorney fees to be fairly divided among all the people who could benefit from a successful resolution.

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It is best to speak with an experienced attorney about whether or not your claim may be the basis for a viable lawsuit.

Ok thanks! I worked a long time without proper overtime pay and a wage attorney helped me get compensation.” Rating: 5.0 Get help from an employment attorney for unpaid wages in California.

To survive economically in the world, a person must find work and be paid for this service. Fortunately, these wages (the cost of completing a service, task, or specific task) are protected by law.

Wages are defined as payment in exchange for work. Work is defined to include “work, work or service provided or performed under a contract…or other arrangement whereby work is performed personally by a person for which payment is payable”.

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