It is unfortunate that despite strict laws in place, some workers are still denied minimum wage and overtime payments. If that has happened to you, it is possible to recover the wages by hiring an experienced Fort Lauderdale wage and hour claims attorney. The learned lawyer will represent you and file a wage and hour violation case.
What Does FLSA Say?
According to the Federal Fair Labor Standards Act or FLSA, the employers are required to pay the minimum federal wage along with “time and a half” overtime pay to the employees who work 40+ hours a week. Failing to meet these requirements will result into a complaint by a worker or a third party. The common consequence of such complaints is the workers are entitled to collect back pay cheque for the wages they were previously denied.
Complaints about “wage and hour violations” have spiked up heavily in the 21st century. As per repeated claims by the Federal and State officials, more companies are now violating wage laws. That is an alarming situation. Many employees, who were wrongly denied their wages, are panicking if they will receive pay or not. For the compensation claims, you must seek help of a lawyer who has specialization, expertise and years’ of experience in this field.
Why Should You File A Report?
If you are a worker under the FLSA and you have been denied overtime pay or minimum wage, filling a wage and hour violation complaint makes sense. In many states of America, the minimum wage is higher than the Federal standard. An employer is obliged to pay whatever amount is set as minimum in his state.
The employers covered by the FLSA are also required to pay “time and a half” overtime if an employee works over 40 hours in a week. The FLSA has set the overtime payment as one and half times of the hourly rate.
Cashiers’ overtime working hours are wrongly mentioned on their paycheck and cooks receive less than minimum wage. These two types of workers are often among those employees whose wages often remain unpaid. The employees, who have received a lump sum amount, are entitled to get back the payment if their hourly rate is less than the minimum wage. The workers, miscategorised as independent contractors, have the rights to recover overtime pay that they were wrongly denied.
File a Complaint for Wage and Hour Violation
If you are sure that you have not received proper wage according to the FLSA rules, you are entitled to lodge a complaint in person or via mail at an office of WHD (Wage and Hour Division) of the Department of Labor. You need to include the following details in your complaint:
- The employee’s name, residential address and contact number
- The employer’s personal information including name, address, contact number and type of business
- The job description and title of work done
- Date of alleged violation
- A description of the supposed violations
- Payment details including amount of payment made to the employee, mode of payment and frequency of wage payment
If you have hired an attorney, you will be relieved of documenting the details and filing the complaint. Submit all details to the lawyer and it is the professional’s responsibility to take care of the rest.