The United States Department of Labor Employment & Training Administration website says that the average hourly pay is going up by roughly 4.6% each year as of April 2025. When you factor in inflation, real hourly earnings only went up by 1.8% in the last year. This trend illustrates that there is still a lot of work to be done to give workers a fair wage.
It’s important to know your rights under federal and state labor laws if you’re not getting paid fairly for your work. According to The Law Office of Frank S. Clowney, III, If you think that your employer has underpaid you, refused to let you work extra hours, or broken the law, you may want to file a wage and hour claim.
When an employee thinks they haven’t been paid the correct amount of money, overtime, or breaks, they can file a wage and hour claim. There are a few important things you should know before you file a claim.
Read this article to learn the signs of a wage and hour violation and be guided as to where to find the necessary paperwork for filing a claim.
Table of Contents
Understanding Wage and Hour Laws
Basic wage and hour regulations underpin the enforcement of the rights of workers, and knowledge of the same can spare one from exploitation. These laws provide for minimum wage, overtime pay, and hours of work so that any person is compensated adequately for their labor.
The Fair Labor Standards Act (FLSA) covers the majority of work situations so it would be best to acquaint yourself with it. You are entitled to overtime pay if you work in excess of 40 hours in a week. The overtime pay is to be computed at one and a half times your regular pay.
Identifying Violations
Identifying wage and hour law violations is necessary to protect the rights of any employee.
Begin with an examination of your payslips and time records while watching out for any discrepancies between hours worked and paid; For instance, if you don’t get paid overtime for extra hours, it is against the law.
See if your employer is paying less than the minimum wage or making illegal deductions from your pay. Ask yourself if you’ve ever been denied breaks or been made to work off-clock.
Be aware of labor laws that govern your state since they vary. Recognizing these issues in the earliest stages can help you take immediate actions accordingly.
Gathering Documentation
When organizing documentation, the employee should keep pay stubs, timecards, and records showing the hours worked.
You should save copies of any emails or communications about problems with your work schedule or salary. If your boss has placed anything in writing about your pay, overtime, or breaks, it would also be a useful piece of evidence to have.
Obtain the contact information of any witnesses available. Their statements about your condition can serve as valuable evidence. Write down all conversations you have had with your employer about your wage problem, with dates and all relevant details.
The Claims Process
Once you have all your papers, you need to learn how the claims process works so you can better handle your case.
1. The first thing to do is find out if you need to file the claim with the Department of Labor or a state agency. See to it that you complete the forms correctly by putting in all the right information.
2. Your claim must be submitted with the documentation, and everything should be copied for your own records. Prepare to undergo an investigation after your claim has been filed, during which the agency may contact you for more information.
3. Keep yourself available and respond promptly to all inquiries.
This procedure can take a while, so be patient while your claim is being handled and stay up-to-date with how the case is going.
Seeking Legal Assistance
Seeking a lawyer can highly increase your chance for a positive settlement when dealing with the intricacies of a wage and hour claim.
An attorney with experience in labor laws and applications would certainly serve you well. They will instruct you in documenting your claims and assist you in gathering evidence to further your case.
Attorneys can negotiate on your behalf to bring about a settlement sooner. Do not overlook the advantage of having qualified legal counsel backing you up. The outcome of your case may depend on how well they know how to handle wage and hour cases.
If you’re not sure what to do or feel like you can’t handle it, it’s best to obtain advice from professionals. In short, the better the expert advice, the easier it will be to find justice.
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