If your company owes you unpaid wages, you can file a wage claim to recover the money owed to you. Overtime, rest and meal breaks, travel time, company expenses, and paycheck deductions are all examples of unpaid earnings. Learn more by talking to an attorney today.
What is a claim for unpaid wages?
A claim for unpaid wages is made when your employer owes you money for the number of working hours. Most people would benefit from speaking with an unpaid wages attorney regarding situations like these. Even if you no longer work for that employer, an attorney can provide legal guidance to help you recover the money owed to you.
When can an unpaid wages claim be filed?
You can file for unpaid wages if your employer does any of the following:
- Does not pay you the minimum wage.
- Does not compensate you for time spent preparing for the task, such as putting on or taking off safety equipment.
- Fails to compensate you for hours worked “off the clock.”
- Fails to pay you for double time or overtime.
- Fails to pay you for unused, earned vacation time, as the law requires.
- Does not compensate you for a break or rest time, as the law requires.
- Fails to compensate you for work-related travel time spent during the workday.
You may also be able to file an unpaid wages claim in other circumstances. If you are unsure about your case, contacting a legal expert for clarification is a good idea.
The process of an unpaid wage claim
To start, you must file an unpaid wage claim, and it is best to do so with the assistance of an expert employment law attorney. A Deputy Labor Commissioner will initially judge your claim when you file it. They will decide whether the lawsuit should be dismissed, settled, or scheduled for a hearing. Whether your case is scheduled for settlement or a court hearing, you should be notified within 30 days.
An attorney can help you resolve your claim without needing a court appearance during a settlement conference. The Deputy Labor Commissioner will consult with you and your employer to see if a settlement is possible. In this step, you must submit paperwork detailing how much your employer owes you. If you and your employer cannot reach an agreement, the case will be scheduled for a court hearing.
Depending on the complexity of your case, the full process could take several months. It is advisable to seek legal advice to determine how much time your unpaid wage claim may take.