Wage and salary claims are lawsuits that usually involve an employer failing to pay their worker the proper amount of wages at the required time. Along with discrimination claims, wage and salary claims are the most litigated issue with regards to employment law.
Though state laws on wages and salaries may differ, wage and salary claims can involve a variety of employment violations, including:
The most common remedy for withheld wages is that the employer simply has to pay the employee for the amount of wages that were withheld within the given time frame. In some cases, the employer may also have to pay civil damages for additional losses caused by the withheld wages. In some cases, the court may order the employer to change their workplace policies if these were an issue in the lawsuit.
A wage and hour lawsuit usually begins by being filed first with a government agency, who will then conduct an investigation into the violation. If the governmental agency is unable to remedy the situation, a lawsuit may then be filed to recover a damages award.
No- under federal and state whistleblower laws, an employer may not terminate an employee simply because they have reported a violation or filed a claim involving withheld wages. Terminating an employee in order to “get back” at them for filing a claim is known as “retaliatory discharge” and is prohibited by law.
Wage and salary claims can often be very frustrating for workers who have lost their wages. The laws on wages can often be complex, and may vary from state to state. If you need advice or legal representation for a wage and salary claim, it’s essential that you contact a lawyer immediately. An experienced lawyer will be able to advise you on the steps to take to obtain the best legal remedy.
Last Modified: 02-23-2017 07:02 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.