Wage and hour claims are typically made by employees who have not been properly paid based on federal or state laws. One of the most important laws that govern the payment of wages is the Fair Labor Standards Act. This law sets the minimum federal wage, establishes who is entitled to overtime pay and when they should be paid overtime pay, and provides prohibitions against child labor. It is an employee’s right to receive compensation to which he or she was agreed to be paid, but many employees are fearful about possible retaliation for reporting the violation of these important laws.
Common Types of Wage and Hour Claims
Many wage and hour claims are based on allegations that the employer did not follow applicable wage and hour laws. These claims include:
- Minimum wage disputes – These legal claims may arise when employees are not paid minimum wages.
- Unpaid wages – Employees and employers may disagree about the number of hours the employee is entitled to or the employee may have their pay deducted by losses suffered by the business.
- Overtime pay – The employer may argue that an exemption applies that does not entitle the worker to overtime pay. Misclassification of an employee may result in the employer being responsible for unpaid overtime pay.
- Working off the clock – Employees may be told to perform work activities during their unpaid lunch time, to come in early or leave late while not being compensated for this time.
- Withholding of wages – Employees may claim that their former employer has not paid them the wages they earned.
Legal Remedies in Wage and Hour Claim Disputes
When a wage and hour claim is made, there may be several possible ways to resolve the matter. The parties may agree to mediation and may reach their own voluntary agreement to resolve the matter. Possible outcomes in litigated cases include:
- Payment of the unpaid wages
- Investigations into the business’ record-keeping practices and the possibility of these being modified to prevent similar problems in the future
- The termination of a supervisor or manager who did not comply with the applicable rules
- Reinstatement of a worker
