Q:

What do I do if my employer refuses to pay me?

A:

Quick Answer

The legal reference company, Nolo, says that the first step in claiming unpaid wages is the submission of written demand for payment to the employer owing them. If the employer still retains wages, the employee should go to the state's labor relations board and file a claim with the appropriate paperwork proving wages are owed.

Know More

Full Answer

The Fair Labor Standards Act requires all employers to follow specific rules regarding payment to employees, including requiring a minimum wage and additional money for overtime pay. When an employer refuses to pay, according to the non-profit Workplace Fairness, the U. S. Department of Labor (DOL) can be approached to initiate an investigation. Individuals may hire a private attorney to bring their own lawsuits against the employer or the DOL's Wage-Hour Division can bring a case against him.

Most states have specific rules that must be followed regarding how long an employer has to pay wages owed and other remedies an individual may have. In addition to contacting the DOL, the person owed wages should contact his state's labor division for specific rules governing his case. The complainant should always check state rules regarding when an employer must pay as well as the statute of limitations for filing a claim.

Nolo provides a list of several types of unpaid wage claims, including minimum wage violations, hours violations, paycheck deadline violations, vacation time violations, tip shorting and withholding too much from a salary. For complex cases that may involve more than one of these or cases that involve several employees, they recommend hiring a private attorney.

Learn more about HR

Related Questions

  • Q:

    What is employee welfare?

    A:

    Employee welfare includes everything, such as facilities, benefits and services, that an employer provides or does to ensure comfort of the employees. Good welfare helps to motivate employees and ensure increased productivity.

    Full Answer >
    Filed Under:
  • Q:

    How do you calculate vacation leaves for a salaried employee?

    A:

    Typically, your employer will provide you with a total number or vacation hours per year. So if your employment contract states that you are eligible to earn 80 hours of vacation time, you will accrue 1.54 hours of vacation time each week you work. This is the total vacation time you are allowed to accrue, divided by the number of weeks in each year.

    Full Answer >
    Filed Under:
  • Q:

    How do you apply for FMLA?

    A:

    To apply for time off under the Family Medical Leave Act, an employee must submit the request to his employer at least 30 days in advance or as soon as possible in the case of an emergency. Employers may require a physician's certification that the leave is medically necessary.

    Full Answer >
    Filed Under:
  • Q:

    Can an employer hold an employee paycheck?

    A:

    An employer cannot hold a final pay check for non-return of company equipment, according to the Fair Labor Standards Act (FLSA). Some states allow employers to deduct such costs from the final pay check, while others prohibit these deductions entirely. It is illegal for an employer to withhold pay for any time an employee has worked, including overtime.

    Full Answer >
    Filed Under:

Explore