Are you being paid less than you deserve? No matter how you found this out – whether it was through a conversation with a colleague or a realization after completing an overtime shift – it’s going to hurt. All of a sudden, you feel cheated out of wages. And this is a particularly tough thought if you’ve previously enjoyed your job.
But you need to make a move if you want this fixed. There are strict deadlines – otherwise known as the statutes of limitations – for filing a wage dispute. They’ll vary depending on whether you file under federal or state law. According to the Fair Labor Standards Act, most people will have a two-year window to file a wage violation lawsuit. In other words, it’s safer to act fast to avoid missing the deadline and losing out on wages.
If you are unsure how to handle a wage dispute, then don’t fret. Fortunately, this post outlines four essential steps in the process.
Gather Evidence
First things first, you need to prove the wage discrepancy. With zero proof, your employer could deny, delay, or claim ignorance of wage violations. Any and all documentation you gather is essential as administrative, court, and legal proceedings require objective proof. Payroll records – direct deposit records and pay stubs – and time records – clock-in/out records and timesheets – are vital.
You should also collect employment documents, like offer letters and company handbooks, to establish pay rates and policies. Any emails, texts, or app communications directing you to work must be saved, too. It is also a good idea to gather witness statements from coworkers who are able to corroborate your claims. All of this will support your wage dispute.
See also: Public Liability Claims Under Australian Negligence Law
Inform Your Employer
You want this process to be fast, right? Well, this requires telling your boss – and, as much as you might fear this step, it is vital. Resolution is often faster and informal when the employer knows. They will typically correct any payroll errors.
Of course, informing your employer might be the end of this process for you if they resolve the issue. No need to file any claims or seek legal advice. And wouldn’t that be ideal?
Unfortunately, you might need to follow the rest of the steps in this post if your boss has proven to resolve the issue. Not all employers are happy to assist, so filing a wage claim or even contacting a reputable employment law firm, such as HKM, is encouraged.
File a Wage Claim
Now, if your boss has been less than useful here, your next action is to make a claim. The US Department of Labor (DOL) should be used to file a claim about minimum wage, overtime, and unpaid wages. There are two main ways fil a wage claim – either via phone or on the DOL websites.
Again, keep the deadline in mind for this. State-specific claims might only allow 180 days from the pay stub, while the claims on the federal level allow for a two-year recovery period.
To conclude, wage disputes are serious. Not only will you feel the pressure from personal bills and the like, but you will might also have to deal with your internal battle. Anxiety, stress, and other emotions will definitely take their toll. Thankfully, this can be simplified. Follow the steps provided to handle such a dispute with grace and professionalism.
