Virginia Failure to Pay Minimum Wage Lawyer
Is your employer paying you less than minimum wage? If so, a Virginia failure to pay minimum wage lawyer could help you understand your legal rights and the actions you can take to recover any payments that your employer may owe you. Too many employers try to cut corners when it comes to paying their workers.
Wage and hour violations are a serious problem and anyone who is missing out on part of their paycheck should consider getting legal guidance from a seasoned lawyer dedicated to helping employees in Virginia.
Virginia Minimum Wage Laws
Under the federal Fair Labor Standards Act (FLSA), most employers must pay non-exempt workers at least $7.25 per hour. Additionally, the Virginia Minimum Wage Act sets an equivalent minimum wage for some employers who do not fall under FLSA’s coverage.
There are, however, many exceptions to the state law so it, in effect, covers few employees in the Commonwealth. An experienced Virginia failure to pay minimum wage lawyer could help with questions regarding which laws apply to particular jobs.
Although many employers try hard to comply with wage and hour laws, some Virginia employers still fail to comply with minimum wage laws. This can happen in many ways, including:
- Paying an hourly rate that is too low
- Paying “under the table” in cash
- Underpaying tipped employees
- Misclassifying employees as “independent contractors”
- Miscalculating the number of work hours
- Docking pay for alleged rule violations
- “Off the clock” work
Sometimes these violations are accidental, but often they may be intentional. Employees should be wary of an employer’s attempts to cut corners by not paying minimum wage. Anyone with concerns about whether they are not being paid legally should consult with a qualified failure to pay minimum wage lawyer.
Damages and Time Limits in a Virginia Minimum Wage Cases
A lawyer could help determine whether employees may be able to recover compensation for failure to pay minimum wage. When there is evidence of a violation of federal minimum wage laws, employees have the option of either filing a lawsuit in court for making a complaint with the U.S. Department of Labor. Certain claims can also be brought with the Virginia Department of Labor and Industry.
A lawyer well-versed in employment laws can advise clients about which course of action may be best in a given situation. If there is strong evidence of wage law violations that affect many employees, a lawyer may advise going straight to court to seek compensation. Other circumstances may warrant allowing a government agency to investigate possible violations first.
FLSA requires compensation of “out-of-pocket” economic losses for employees who prove a minimum wage violation. In most cases, this will be the difference between what a worker should have been paid and what they actually received.
Double damages – called “liquidated damages” – are also possible when there is proof that the employer acted willfully. This additional sum is to punish and deter employers who intentionally skirt the law.
Finally, when an employee proves their minimum wage case, the losing employer must typically pay the employee’s court costs and attorney’s fees.
Time limits for wage and hour cases are an important consideration. An aggrieved employee must file their FLSA claim within two years of an alleged violation, except when an employer has acted willfully the time limit is three years. The applicable limitations period will usually determine the extent of an employer’s liability even when a violation has been going on for much longer.
Work with a Virginia Failure to Pay Minimum Wage Attorney Today
If you believe an employer has failed to pay you minimum wage, be sure to get professional advice from an employment lawyer as soon as possible. A lawyer well-versed in employment law could help identify wage laws that your employer may have violated.
Your lawyer could also help you understand the strengths or weaknesses of your case, assess the damages you may be able to recover and suggest actions you could take to recover your lost wages or other damages.
A Virginia failure to pay minimum wage lawyer focuses on helping employees pursue their legal rights and remedies.
