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
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
According to the Fair Labor Standards Act, in most cases an employer can force employees to work overtime. Laws can vary depending on which state an employee works in, but the laws regarding wage orders are required to be posted in a prominent place at work where employees can see.Full Answer >
If any employee is not paid by his or her employer, the United States Department of Labor's Wage and Hour Division Office in his or her area should be contacted. The United States Department of Labor website contains a map and listings of Wage and Division Offices across the country.Full Answer >
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 >
An employer can force an employee to take leave under the Family Medical Leave Act, states the Spitz Law Firm. In a 2013 lawsuit, the Eighth Circuit of Appeals found in favor of an employer that forced an employee to get three doctors' clearances to work before terminating her.Full Answer >