Virginia Failure to Pay Off the Clock Wages Lawyer
All too often, employers try to cut corners when it comes to paying their workers. Sometimes this takes the form of an employer forcing employees to work off the clock.
This practice is unjust and deprives people of their hard-earned wages, it also violates a number of state and federal laws. Off the clock work and other forms of wage theft are increasingly coming under the scrutiny of courts and other authorities.
For workers who have been forced to work without pay, a seasoned and skilled Virginia failure to pay off the clock wages lawyer is available to advise about legal rights and strategies for recovering unpaid wages from unscrupulous employers.
Virginia Wage Payment Laws
When employers fail to pay workers for off the clock work, they are breaking numerous laws. These can include minimum wage and overtime laws, as well as wage payment requirements. Anyone concerned about a failure to pay related to off the clock wages should contact a qualified employment lawyer as soon as possible to learn more about their legal rights.
Minimum Wage
The federal Fair Labor Standards Act (FLSA) includes requirements for how employers must pay employees. FLSA applies to most employers and establishes a minimum wage of $7.25 per hour. The Virginia Minimum Wage Act sets a minimum wage for some employers who do not fall under FLSA’s coverage.
Overtime Pay
Employees covered by FLSA must receive overtime pay for any hours worked in excess of 40 hours in a workweek at a rate at least one and one-half their regular rate of pay. For hourly workers, the regular rate is usually just their hourly wage, but a calculation of the regular rate can be complex for workers paid a fixed salary, by commission, or on a piecework basis.
Finally, the Virginia Payment of Wage Law sets standards for how employers must pay wages. This law also prohibits deductions from pay shortages, errors, damages, and the like.
Lawsuits to Recover Compensation for Off the Clock Work
Most failure to pay off the clock wages cases will involve violations of overtime and/or minimum wage laws. Employees with these claims have the right to file a lawsuit against their employer Employees can also pursue certain claims for unpaid wages (but not overtime claims) with the Virginia Department of Labor and Industry.
A skilled failure to pay off the clock wages lawyer in Virginia could help determine what laws apply to a particular situation and advise about compensation and other remedies that the law may allow.
Employees who prove a violation of FLSA can recover their out-of-pocket economic losses, plus attorneys’ fees and court costs, when applicable. In addition, where there is proof that the employer acted willfully, the employee may recover an additional amount equal to their actual economic damages as “liquidated damages.” This additional sum is to deter employers who intentionally skirt the law.
As with most legal claims, time limits apply. In general, employees must file their federal wage claims within two years of a violation. The applicable limitations period will usually also determine the amount of time for which an employer can be liable even when a violation has been going on for much longer.
In many cases, this means that the sooner an employee files their case, the greater the potential monetary recovery. For this reason, and many others, anyone with a potential wage claim should seek legal help as soon as possible.
Speak with a Virginia Failure to Pay Off the Clock Wages Attorney Today
If you believe your current or former employer failed to pay you for off the clock work or owes you other unpaid wages, you should seek professional advice from a qualified employment lawyer.
Getting help from the right lawyer can be crucial to preparing and presenting a strong and compelling legal case. This is particularly so for complex employment law cases.
We dedicate our practice to helping Virginia employees with their legal concerns, so contact a Virginia failure to pay off the clock wages lawyer today to learn more about how we could help.
