What To Do if You Have Not Received the Pay You Are Entitled To

You go to work every day, perform your job, and expect payment in return—that’s why most people go to work. You probably look forward to payday to meet your financial obligations, some if not all. But what if you don’t get paid? This is particularly frustrating and financially challenging. You have legal options whether you work for the federal minimum wage or receive a substantial income.

Working with an experienced wage-and-hour lawyer in your area is one of the best ways to protect your rights. You may have a claim against your employer for federal or state law violations.

Recognizing Unpaid Wages

Unpaid wages may occur in several circumstances. Sometimes, it is obvious, but at other times, you may have questions about whether your employer owes you unpaid wages.

Concerning a last paycheck, employers are not required by federal law to issue a final paycheck immediately. However, some states may require immediate payment. You may contact your state’s labor office. Your state labor department will be able to determine the applicable law for final paychecks in your state. State labor laws vary.

Paydays: In some states, employers must pay employees for work within a certain date of performing the work. Some states require employers to pay an employee’s wages biweekly or no less than two pay periods per month.

Vacation Time: Employers are not required to give their employees paid vacation time, but if they do, they may be subject to state laws regarding cashing out this time or limiting the number of hours the employee can accrue.

Sick Leave: Federal law does not require employers to provide paid sick leave to their employees for short-duration routine sickness. Employers are not required to offer sick time for full-time or part-time workers. However, some states have paid sick leave laws.

Approaching Your Employer About Missing Pay

The first thing to do when your regular payday passes, and you haven’t received your pay, is to contact your employer. Alerting them of the issue could resolve the matter. It could have been a technical oversight.

However, you may have to take further action if you think your employer is violating federal or state wage laws. While an employer should not retaliate against you for bringing a more formal legal action with a government agency or in court, it can create an uncomfortable work environment. Therefore, try to work things out with your employer before involving outside agencies.

Documenting Your Work and Payment Agreements

If, after alerting your employer, your employer still refuses to issue your paycheck, start gathering evidence to present to your human resources department. Bring in recent pay stubs or printouts of timesheets, and present proof of your claim in writing.

You will need similar evidence to file a claim with a government agency or court. The information required for a complaint typically includes:

• Your name
• Your contact information
• The name and address of the company
• The names of the managers or owners
• Your typical hours and rate of pay
• How and when your employer paid you

Documenting your work and pay agreements is an essential step for any claim for back pay.

Legal Options for Unpaid Wages

Payment of wages is one of an employer’s fundamental responsibilities. An employer must pay you at the rate of pay you agreed on when you accepted the job.

There are state and federal protections for employees when your employer fails to pay you for work completed. If your employer continues to withhold pay, you can contact the appropriate government agencies or an employment lawyer who can provide the legal advice you need for your next steps.

Contact the Appropriate Government Agencies

If your employer is unwilling to work with you to resolve your dispute, then the next step is to contact the appropriate government agency. If your position is covered by the Fair Labor Standards Act (FLSA) and you have a claim that you were not paid your wages or appropriate overtime pay, then you should contact the U.S. Department of Labor (DOL) Wage and Hour Division (WHD). Note that some positions may be exempt from FLSA coverage.

The FLSA protects your right to earn at least the minimum wage and to be paid for work hours, among other protections. The WHD also helps employees recover back wages. It conducts investigations, and if your claim is valid, the DOL will order your employer to pay your wages.

If your claim involves discrimination, you should contact the U.S. Equal Employment Opportunity Commission (EEOC), which can investigate discrimination claims. For wage recovery related to discrimination, the EEOC may work in conjunction with other agencies.

Contact an Employment Law Attorney

If you need to take the next step in recovering your wages, then you will likely want to hire an employment law attorney. The next stage would be to sue your employer in federal court for federal law violations or state court for state law violations.

If you have an explicit employment contract with your employer that was breached, then you may also be able to sue in state court for breach of contract. If the amount owed to you is within the limits of your small claims court, you can take the case to court yourself.

Protecting Yourself from Future Wage Issues

It’s critically important that you get the pay you deserve when you have met your work obligations. Although most of us take it for granted that our employer will pay us what’s owed, it’s vital to take steps to protect yourself from future wage issues.

Always keep documentation that shows how much you will be paid for your work, and know how to access a record of your time sheets or other attendance data. Maintain those records until you are paid for your work.

While it is rare that an employer would refuse to pay you for work, it does happen. If you experience wage theft, speak with an experienced wage-and-hour lawyer in your area. They will explain your options, provide legal advice, and inform you of any time limits for filing complaints with government agencies or filing a lawsuit.