In 2024, the U.S. Department of Labor recovered over $202 million in back wages for nearly 152,000 workers, with an average recovery of $1,333 per worker. Unpaid wages are compensation that an employee has earned but has not received from their employer.
Examples of unpaid wages or wage theft include misclassification of employees, failure to pay overtime, or other forms of employer negligence or misconduct. Unpaid wage issues can be frustrating for employees who need their salary to cover daily living expenses. If you think you are a victim of wage theft, you need to take prompt action to recover your unpaid wages.
San Diego unpaid wages lawyer Frank S. Clowney III says employers are required to pay employees for all hours worked, including time spent on work-related activities outside of normal business hours. Recovering unpaid wages may necessitate the services of a skilled lawyer.
In this article, you will learn about different ways unpaid wages can be recovered.
Understand Your Rights as an Employee
Are you aware of the rights that you possess as an employee when it comes to unpaid wages? Employers are prohibited from withholding a worker’s pay for any reason they choose.
Late payment or failure to receive pay is a clear violation of employee rights. Knowing your rights when it comes to your salary allows you to take appropriate action. File a report with your state’s labor department, or hire an attorney to help you recover your wages.
Be firm against unsolicited wage violations.
Document Everything Related to Your Wages
Have a thorough and meticulous documentation of the wage theft incident.
Keep copies of your pay stubs, timesheets, or any previous correspondences regarding wages. Posts on the employment hours, particularly on overtime hours, will help support your claims.
Document everything that happens during wage negotiations, including the duration, content, and names of those present. These records can be used as evidence and are useful when you need to resolve potential disputes.
Keep copies or originals of agreements in writing, transactions, or any relevant documents relating to the wage contract you have. The better organized your records are, the stronger your case for unpaid wages.
Communicate With Your Employer
In some cases, simply having an informal conversation with the involved parties can resolve the issue of unpaid wages. Request a meeting with your employer or an HR representative. Verbal intercourse may offer a quick resolution of your wage issue.
Talk calmly and professionally, stating your concerns and presenting your proof. List the days and amounts you have not been paid. Your presentation will demonstrate your credibility and the validity of your claim.
Pay attention to their perspective and identify any discrepancies in their narrative. If you manage to work out an agreement with your employer, ask how you will be paid.
In case no solution is found during this conversation, quickly think about what your next move would be.
File a Complaint With the Appropriate Agency
If your conversation with your employer doesn’t lead to a solution, you can escalate the issue by filing a report with the appropriate agency.
Locate the particular office or bureau that serves your interests. US residents can refer to the Department of Labor or their state’s corresponding department.
Gathering payslips and hours would help substantiate your claim. Expect to have a thorough interview about your job and everyone involved in the wage theft incident.
After submitting a report, you will be required to fill out a form or you can choose to draft a compelling letter describing your complaint. Upon submission, the designated agency will initiate an investigation into the matter, potentially leading to a resolution.
Consider Legal Action if Necessary
When all other options have been exhausted and the payment has yet to be received, legal action may be warranted.
Begin by meeting with a legal representative who specializes in employment law. Investing in a lawyer gives you the opportunity to understand exactly where you stand legally if you’re considering a lawsuit.
Gathering proof, including payslips, emails, or other evidence, is important. The attorney might prepare a demand letter to your employer explaining your legal action.
If the employer is unresponsive to the lawyer’s initial legal actions, the lawyer will initiate the lawsuit. Expect a lengthy legal battle, as lawsuits can take a long time to resolve workplace conflicts.
