Q:

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

A:

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.

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.


Is this answer helpful?

Similar Questions

  • Q:

    Can an Employer Ever Change Your Pay Rate?

    A:

    There are situations where an employer can change your pay rate, including a decline in business. However, the pay rate cannot go below the Federal minimum wage.

    Full Answer >
    Filed Under:
  • Q:

    What is a constructive discharge?

    A:

    Constructive discharge is when an employer creates or allows a negative work environment that forces an employee to quit. Examples include an employer harassing the employee, changing the job location to an unreasonable degree or reducing pay without a valid reason.

    Full Answer >
    Filed Under:
  • Q:

    How much notice do I have to give my employer when I resign?

    A:

    It is common courtesy to give one's employer at least two weeks' notice before resigning. This gives the employer a sufficient amount of time to hire a replacement and handle any staffing issues caused by the resignation.

    Full Answer >
    Filed Under:
  • Q:

    How do you write an employee termination letter?

    A:

    An employee termination letter is used when an employer severs ties with an employee, which happens under a variety of circumstances, such as poor job performance, unethical behavior, poor attendance, insubordination and layoffs. According to About.com, a termination letter often includes a description of why the employee was let go as well as information about the transition process.

    Full Answer >
    Filed Under:

Explore