Federal, state, and class action efforts have resulted in the recovery of over $1.5billion in stolen wages from 2021 to 2023. According to opportunityinstitute.org, wage theft is the most profitable form of theft in the United States.
Many workers face withheld wages, unpaid overtime, and missed meals and breaks. These situations can be frustrating, stressful, and costly. San Diego unpaid wages attorney Marisol Jimenez states that an unpaid wages attorney can help employees by advocating for their rights and facilitating the processing of their unpaid wages.
In this article, you will learn about your pay rights, how to build a strong case, and how to receive the compensation you deserve.
Understanding Unpaid Wages and Your Rights
Most employees deal with unpaid wages throughout their careers. Some employees remain unaware that their employers are underpaying them.
Knowledge of unpaid wages empowers you to fight for your rights. Your employer should pay you per hour, including overtime, in compliance with local labor laws. If you don’t receive payment for a pay period, you are entitled to request it from your company.
Keep your pay stubs and hours to support your claim. It is advised to familiarize yourself with labor laws since they vary.
The Role of an Unpaid Wages Attorney
A wage dispute attorney can assist you in understanding your legal rights.
Their extensive experience in handling employment issues allows them to properly evaluate your case. They can also look at any corresponding violations and claims. A lawyer will assist you in collecting relevant documents and evidence, including pay stubs and employment records, to strengthen your case.
An attorney will negotiate with your employer or their representatives to potentially settle the dispute and avoid lengthy court battles. If necessary, your attorney is prepared to represent you in court and diligently fight for your rights and argue for fair compensation.
A lack of legal representation may make it difficult to recover unpaid wages.
Common Types of Wage Violations
Knowing the types of wage violations allows you to recognize any incident that violates your pay rights.
- Unpaid overtime happens when the average employer does not pay employees for hours worked beyond normal working hours.
- Misclassification refers to the incorrect classification of workers by employers. In misclassification cases, employees are wrongly classified as independent contractors, denying them rights that are given to regular workers.
- Unpaid wages refer to salaries that employees do not receive for various reasons. Withholding wages is usually prohibited under the Fair Labor Standards Act (FLSA) and other state labor laws.
- Improper paycheck deductions can violate and reduce your earnings.
Don’t hesitate to report these kinds of situations to your local labor department or wage enforcement agency. Keep in mind that employment laws prohibit employer retaliation, allowing you to report unfair labor practices without concern for your employment status.
How an Attorney Can Help You Recover Lost Wages
When it comes to unpaid wages, attorneys are well-versed in the law and can offer valuable advice. They will use the evidence and documents you have collected to support your claim.
Your case may be filed with a labor agency or litigated.
Understanding labor laws simplifies maximizing your benefits.
Choosing the Right Unpaid Wages Attorney for Your Case
Finding the right unpaid wages attorney is difficult, especially in the United States, where tens of thousands are specializing in employment law.
Choose someone with a proven track record in similar cases. To assess their reputation, read reviews and testimonials from past clients.
It’s important to meet with several candidates to discuss their experience, strategy, and fees.
Observe a lawyer’s communication skills. You need someone who can immediately attend to your concerns and show genuine interest in your case. Look for an attorney who is experienced and empathetic.
Inquire about their payment structure and lawyer’s fees. Most legal professionals operate on a contingency basis, which means that they will only be paid if they win your case. Knowing your legal costs can help you easily plan your budget and avoid any financial surprises in the future.
