Unpaid Wages And Overtime Attorney
Find an unpaid wages lawyer who can battle for you to get maximum compensation
If you were shafted by your employer, then you might be able to file a wage and hour lawsuit or another employment claim against your employer. My Rights Law is a personal injury law firm that helps aggrieved employees obtain compensation and justice from bad employers. Our upaid wages lawyers are here for you when you need us. Please do not hesitate to call (888) 702-8882 or leave us a message on our secure web form for a free consultation.
Unpaid Wages Wage And Hour Attorney
When your employer withholds your pay, it places an extreme amount of stress on you and your family. Withheld pay can put at risk your family’s most basic needs, like food, shelter, and clothing. An employer may withhold payment accidentally or intentionally. An employer may even illegally withhold pay in ways in which you are not even aware.
Some state laws place strict requirements on employers concerning employee pay. For example, an employer might illegally withhold your wage or hourly pay in any of the following manners:
- Not establishing a pay period that is bimonthly;
- Pay you at a rate that is below minimum wage;
- Withholding all your pay in the event of a dispute about a portion of your income;
- Withholding or deducting money for any reason not authorized by the law;
- Refusing to pay you for overtime hours or paying you at an incorrect rate;
- Improperly claiming you are a salaried employee;
- Refusing to pay bonuses or commissions;
- Failing to pay in precise time frames in the event of termination
The list above contains examples only. If your employer has withheld any part of your paychecks for any reason, you should speak with one of our qualified wage and hour attorneys today. We will take the time to meet with you and understand your situation, answer all your questions, and advise you of your available options. Your initial consultation is always free.
If you are in a dispute with your employer over a portion of pay you believe you are entitled to, in most states, your employer is not authorized to withhold your payment until the matter is resolved. The employer must pay you the entire portion of your pay that is not subject to dispute in the exact timing and manner they distribute all other compensation.
Some state laws only authorize your employer to withhold the portion of your pay that is subject to the dispute. If your employer has withheld more than that position, they have violated the law.
Employer Deductions From Employee Pay
There are strict rules governing the circumstances under which an employer can deduct wages from your pay. Employers are authorized to deduct payment from your wages in two cases. The first is when permitted by state or federal law. The second occurs at the employee’s specific request.
We are all generally familiar with the deductions authorized by federal or state law. These deductions may include taxes, social security, and child support, among others. We are similarly familiar with types of deductions employees authorize. Employees may allow these deductions personally, or they may be part of the collective bargaining agreement in which the employee participates. These deductions may apply to pension plans, 401K plans, or health and life insurance plans, among others.
Oftentimes, there are laws that prohibit an employer from deducting certain expenses from an employee’s wage or hourly earrings. Unfortunately, there are times when employers exceed these limitations and make illegal deductions from employee wage and hourly earnings. Most typically, this involves a circumstance where the employee accuses the employee of breaking property. Employers may not generally deduct wages or hourly pay if an employee breaks property. There are some exceptions to this rule, but generally, the employer must conclude that the employee acted with the intent to cause damage or with gross negligence.
If your employer has deducted any pay from your regular wage or hourly rate that you think is wrong, contact us today for a free consultation.
Wage Laws On Separation From Employment
There are many ways an employee may experience separation from employment, including termination, resignation, and a strike. In many states, rules concerning the timing of outstanding wage and hourly pay vary depending on the type of separation (e.g., termination, resignation, lay-off). If you were separated from employment and your previous employer did not comply with your state’s wage and hour requirements, then they may be violating the law.
Contact A Wage And Hour Attorney For Your Unpaid Wages Claim
Some states’ employment laws provide comprehensive laws covering when an employer can withhold or deduct pay from an employee’s wages or hourly rate. Any withholding or deduction not authorized by those rules constitutes a violation of the law.
These violations are particularly stressful for wage earners as they place you and your loved ones in jeopardy of being unable to meet your financial obligations. It also imposes significant mental distress, depression, and feelings of helplessness. We are here to help.
If your employer has withheld your wages or hourly rate, speak to one of our experienced wage and hour attorneys today. We will take the time to understand your situation, answer all your questions, and advise you of your rights and options. Your initial consultation is always free of charge.