Employers do not always pay their employees fairly. Failing to pay the full amount for hours worked or failing to calculate overtime properly is wage theft. By not paying you properly, the employer is likely violating federal and state wage laws. You are owed the full amount due to you, and there are ways to recover back pay as well as other expenses related to pursuing this type of compensation.
If you believe your employer violated hour and wage laws by not paying you properly for hours you worked, an unpaid wages and overtime lawyer from Gacovino, Lake & Associates, P.C. can help. We can determine if you have a case against your current or former employer. We can explore your legal options and recommend the best way to recover the back pay you earned. We will help you fight wage theft and protect your rights throughout the process.
Call us today at 800-550-0000 for a free case review.
Recovering Compensation from Your Employer in an Unpaid Wages Claim
Federal laws allow employees who are victims of wage theft to recover their full unpaid wages by taking action against their employer. Determining how much you can recover through an unpaid wages claim is difficult without having a lawyer look at your case. In any state, you can recover the pay missed because of hour and wage law violations. Some state laws offer additional protections, meaning you can collect additional money if your employer violated regulations. Your employer may also be responsible for your attorney’s fees and court costs, depending on the case.
We recommend scheduling a time to discuss your case with us, or another attorney familiar with federal and state employment law. We can help you understand the value of your case, the types of compensation you can recover, and how to file a claim. We can help you take action, recovering the full amount your employer owes you.
Common Types of Unpaid Wages
If your employer fails to pay you properly for the hours you worked, they are likely violating either a state or federal employment law. Often, these are federal hour and wage laws, although some states do offer additional protections with state laws. We can help you identify and understand the laws your employer is breaking and take action to stop it and recover the back pay you earned.
Some of the most common ways employers engage in wage theft include:
- Violating minimum wage laws
- Violating regulations regarding tipped employees
- Overtime violations
- Overtime miscalculations
- Break time violations
- Failing to pay for qualifying travel time, waiting, or on-call time
- Unpaid leave when promised paid leave in company documents
- Unpaid overtime pay for misclassified employees
While these are the most common ways employers miscalculate employees’ wages, there are also a number of other laws that outline the proper way to determine how much an employee earned. A violation of any state or federal hour and wage law is likely to be enough to support a claim to recover unpaid wages.
Recovering the Back Pay and Other Money You Deserve
The process to report your employer and recover the wages and overtime owed to you varies from state-to-state. If not handled properly, your employer could attempt to retaliate or take other action against you. While this is illegal, that does not always stop them. We recommend you discuss your case with us and use extreme caution when filing this type of claim without a lawyer.
Many people fail to fully realize how much their employer owes them and include only a small portion of their unpaid wages on their initial claim. Others are not sure how to calculate their unpaid wages themselves, as some situations can become quite complex. If you ask for less than your employer owes you in your initial claim, this may come back to haunt you when we pursue the full amount later on.
Know that your employer will likely not admit to wrongdoing and pay you the money owed to you without a fight. If you have an attorney handling this process from the beginning, it can save you a lot of stress and anxiety. We can let you know what to expect each step of the way and navigate the process for you.
Act Quickly Before Time Runs Out
There is a two-year statute of limitations for filing a claim against your employer if it did not intend to defraud you of the compensation you earned. We get an additional year to pursue this type of claim for willful violations. Many states use the same time limits, while others offer additional time.
What this statute of limitations means is that we need to take action to recover your unpaid wages within two or three years, depending on the circumstances. If the violation continued for longer than this period, we can likely only recover the last two to three years of lost wages.
This is a relatively short deadline, so it is important to reach out to us as soon as you can if you believe your employer may be engaging in wage theft and may owe you unpaid wages or overtime. We will act quickly, preparing your case and ensuring you do not miss out on compensation because of the statute of limitations.
Gacovino, Lake & Associates, P.C. Can Help You Recover Unpaid Wages
If your employer owes you unpaid wages, contact a lawyer familiar with federal and state employment laws. At Gacovino, Lake & Associates, P.C., we know the most common ways that employers violate hour and wage laws, and how they try to keep from paying employees the wages they earned. We will fight this wage theft, and help you recover all the money you rightfully earned.
Call us today at 800-550-0000 to discuss your case with a member of our team.