Virginia Wage Theft Lawyer
Has your employer wrongfully withheld some or all of your pay? If so, you may be the victim of wage theft and should contact a skilled Virginia wage theft lawyer as soon as possible. A knowledgeable employment lawyer is available to advise employees about their legal rights potential actions to take when faced with wage theft and other payment problems.
Wage theft includes any illegal nonpayment or underpayment of wages. It can affect employees at all levels in virtually any type of work. A national study found that wage theft costs workers billions of dollars each year. There are many ways that unscrupulous or negligent employers can break federal or state wage payment laws. Some of these include:
What is Wage Theft?
- Refusing to pay for all hours worked (or not paying at all)
- Requiring “off the clock” work
- Not paying on time
- Paying with checks that bounce
- Overtime and minimum wage violations
- Misclassifying employees as independent contractors
- Illegal docking of pay
If you have experienced these or other pay practices that concern you, you should seek the help of a Virginia wage theft lawyer.
Wage Payment Laws in Virginia
Read below to learn more about wage payment laws in Virginia.
Minimum Wage
Under the Federal Fair Labor Standards Act, federal law requires that employers pay an hourly wage of at least $7.25 to covered employees. For some businesses too small to be covered by this federal law, the Virginia Minimum Wage Act sets a minimum wage equal to the federal rate. In addition, the Virginia Payment of Wage Law sets standards for employers pay wages and prohibits deductions from pay for things like shortages, errors, and damages.
Overtime
Federal law requires that FLSA-covered employees receive overtime pay any time they work over 40 hours in a workweek. Overtime pay must be at least one and one-half times the employee’s regular rate of pay. For hourly workers, this is their hourly wage, but the calculation can be more complex for people who receive tips or whose pay is based on a salary, commissions, or piecework.
Employers, unfortunately, attempt to “nickel and dime” employees in ways that can violate the law. A few of these include:
- Deducting rest break time from work hours
- Not paying for the time it takes to put on and remove necessary safety equipment
- Taking tips or improper tip-pooling for service employees
- Detaining employees after they have clocked out at closing time
- Failure pay required FICA or other tax contributions
Independent contractor misclassification is another type of wage theft. Misclassified employees can also become liable for self-employment taxes and lose worker’s compensation as a result. Employees should be wary of independent contractor arrangements unless they, in fact, are independently engaged in a business and have control over their work.
These are just a few examples – a wage theft lawyer in Virginia could help employees understand which laws may apply in their particular case.
The Benefits of Hiring an Experienced Virginia Wage Theft Attorney
If you believe you have been the victim of wage theft, you should get professional advice from an employment lawyer as soon as possible.
An experienced Virginia wage theft could help you identify the laws that your employer may have violated, assess the damages you may be able to recover and suggest actions you could take to recover your lost wages or other compensation.
Employment and wage laws can be complex – get a trained professional on your side. Contact our offices today to learn more about your options.
