What If My Employer Pays Me Less than Minimum Wage?

Across America, minimum wage employees are filing legal claims against their employers for unpaid wages or unpaid overtime.

The number of these complaints rose exponentially during the last economic recession, as employers allegedly wanted to keep their workers but were trying to retain as much profit as possible.

Specialized minimum wage lawyers advise affected employees to be aware of their rights and to take proactive measures in trying to claim their unpaid wages. To start off, it is important to understand that there is a federal minimum wage rate at $7.25 per hour and that any less is considered unlawful.

However, each state has their own minimum wage rate and can pay employees this rate as long as it is above the federal standard unless if the difference can be covered by tips or if the employee is exempt from minimum wage standards.

Under the Department of Labor, minimum wage employees are entitled to overtime pay benefits if they work over 40 hours per week and are supposed to be paid at 1.5 times the minimum wage rate. Employees must also be compensated any missed meal or rest breaks, by adding an additional hour per missed break on their paychecks.

Unless the employees are exempt, such as those in executive positions or independent contractors, employers must adhere to this policy.

Overview of Minimum Wage Corrective Measures

If minimum wage employees believe they are not being paid sufficiently, they should start taking corrective measures to claim their unpaid wages.

Many times this issue can be resolved by employees consulting human resources at their respective companies and discussing the issue with an employer to help avoid drastic legal action.

In the case it was due to a processing error or bank mistake, employers would reimburse the employees any missed payments and the employee would remain vigilant against any future mistakes. The employer is required to keep payment records for their employees, which may become relevant in the event of a wage and hour lawsuit.

However in the cases where it is not resolved that quickly, the employees can contact a specialize wage and hour lawyer for their respective state and determine their options. Any employer who is found to be in violation of minimum wage policies could be charged for criminal violations and face other punitive damages.

In the cases of filing a wage and hour lawsuit, a number of different options and scenarios can happen for the potential plaintiff. For example, the Secretary of Labor may file a lawsuit on behalf of the employee for the damages of unpaid wages and liquidated damages.

These liquidated damages are equivalent to back payment awards, which essentially double the damages towards any employers who are found to be in willful violation.

The Secretary of Labor may also obtain an injunction against any employer who is violation the Fair Labor Standards Act (FLSA), including the illegally withholding the federal minimum wage and overtime payment wages.

Any minimum wage employees can pursue a private lawsuit for missed payments, and can also call for the employee to cover attorneys fees and other court costs. At this point, the attorneys can evaluate the employee’s claim and determine if they are eligible to file a lawsuit.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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