According to the Fair Labor Standards Act or also known as FLSA, the federal law requires the employers to pay wages to their employees, either once per month (for monthly payroll) or twice per month (for hourly workers). However, if your employer is unable to pay you for the work you have performed, no matter what the reasons are, your employer is violating not only for the unpaid wages but it could also be a claim for a breach of contract, failure to pay the minimum wage, and even fraud.
As an employee, what can you do about it?
There are some situations that the employers are unable to pay their employees on time. However, the inability to pay wages for consecutive events is already a violation of the Fair Labor Standard Act; as an employee here are the top things you need to do:
1. You have to determine how much you are owed
Before complaining, you have to reassess your contract first; it should specify your rate and how you should be paid. And then, gather all the documents that can support your claims such as:
- • Payslips or pay stubs
• Time cards
• Bank statements (if payroll is directly deposited to a bank)
• Employment contract
- 2. Review the law
The minimum wage may differ according to the state or the municipality; thus, you have to review the law about the employee’s right to correct wage with the help of the experts, like the lawyers from Walker Law San Diego. There are state and municipal laws that are crucial to understanding alone; thus, it is essential to consult the experts. You may visit Walker Law San Diego for more information.
3. Try to calculate your wage
If you have all the information – your pay rate, the number of unpaid days or hours, the overtime (if there are any), and the taxes, contributions, and other deductions – you may start computing. Although calculating your total salary can be challenging, you still need to be patient enough to produce the right amount your employer owed you. However, if you are uneasy with the result, you may consult an expert such as an accountant or a bookkeeper to get an honest salary computation.
4. Talk to your employer
Before taking your concern legally, try to talk to your employer. Ask for your unpaid salary; if your employer is willing to pay you, however incomplete due to accounting discrepancies, you have to ask their plans and your salary standings. Conversely, if your employer is unable to pay you for some unreasonable reasons, you have to step down, resign, and consult a reliable lawyer.
You may write some demand letter; however, you need to consult your lawyer if it is justifiable and with objectives. Your demand letter must be delivered by your lawyer to get more attention. Also, you have to set a deadline to make your demand letter effective.
5. You have to file a complaint to the Department of Labor
To ensure that your employer will properly compensate you with your unpaid wages, you have to file your complaint to the Department of Labor; the agency has the right to investigate and collect the wages that your employer owed you.
To have a job is fulfilling; however, you must be well-compensated to perform well at work, besides it is your right as a responsible employee.