Federal law orders employers to pay minimum wage, plus time and a half for work done past 40 hours, according to the federal Fair Labor Standards Act (FLSA).
The 21st century has rife with claims of unpaid wages. In 2018, the Wage and Hour Division (WHD) of the Department of Labor took on close to 20,000 cases that lead to the recovery of over $300 million in lost wages.
Has an employer denied your regular or overtime pay? There could be legal ways for you to recover the amount your employer owes you.
Should you File a Wage and Hour Claim?
Do you believe you have not received the right wages or hours for work you completed? You may have a case.
Some employers underpay workers by not paying them the required minimum wage. As of March 2019, the federal minimum wage is $7.25 and has been since 2009. In Michigan, the minimum wage will stand at $9.45 by the end of this month. So, Michigan employers must pay $9.45 per hour for most work.
Overtime is another area where employees lose wages. Overtime paid at a standard rate or avoided in total is a violation that you can pursue.
How to File a Complaint
You can file a complaint in person or by mail with the WHD of the Department of Labor. Make sure to include this information in your claim:
- The employee's personal information, such as name and address
- The employer or business’s name, location, and industry
- Your job title and description of your work
- All relevant payment information
- Define the alleged violations
- Note the dates of the violations
The WHD will follow up on the complaint by starting an investigation. Representatives may contact you for more information if necessary.
Employees have protections against an employer firing or discrimination against them. For added security, complaints remain confidential.
A third party, such as a legal service, can also file complaints on behalf of the aggrieved individual.
Limitations for Claims
Move forward with your case quickly to strengthen it. According to the FLSA, the statute of limitations is two years (three years for some cases). This limitation means that from the date of filing, you may only seek compensation for wages you earned within two years.
The legal team at Pitt, McGehee, Palmer, & Rivers has experience with several types of discrimination and civil rights cases. We work to ensure all employees have fair treatment or just compensation. Our legal experts can help you work through the state and federal labor laws to get what you deserve. Call the attorneys at Pitt, McGehee, Palmer, & Rivers at (248) 398-9800.
