The legal reference company, Nolo, says that the first step in claiming unpaid wages is the submission of written demand for payment to the employer owing them. If the employer still retains wages, the employee should go to the state's labor relations board and file a claim with the appropriate paperwork proving wages are owed.Know More
The Fair Labor Standards Act requires all employers to follow specific rules regarding payment to employees, including requiring a minimum wage and additional money for overtime pay. When an employer refuses to pay, according to the non-profit Workplace Fairness, the U. S. Department of Labor (DOL) can be approached to initiate an investigation. Individuals may hire a private attorney to bring their own lawsuits against the employer or the DOL's Wage-Hour Division can bring a case against him.
Most states have specific rules that must be followed regarding how long an employer has to pay wages owed and other remedies an individual may have. In addition to contacting the DOL, the person owed wages should contact his state's labor division for specific rules governing his case. The complainant should always check state rules regarding when an employer must pay as well as the statute of limitations for filing a claim.
Nolo provides a list of several types of unpaid wage claims, including minimum wage violations, hours violations, paycheck deadline violations, vacation time violations, tip shorting and withholding too much from a salary. For complex cases that may involve more than one of these or cases that involve several employees, they recommend hiring a private attorney.Learn more about HR
Workers' compensation settlements are calculated based on whether the work-related injury caused permanent partial disability, permanent total disability or temporary partial or total disability, explains Nolo. Partial disability awards are determined by the percentage of impairment. Total disability awards compensate the injured party for the inability to perform any work.Full Answer >
Some states have laws against employees accessing their personnel files, according to Nolo. Hence, the corporate law varies depending on the state. Personnel files are highly confidential, and some employers allow only legitimate access.Full Answer >
The most reliable way to find out who garnishes your wages is to look at the court order granting the garnishment, according to Nolo. The court should serve these to you or your employer in writing before taking any of your wages.Full Answer >
The first step to terminating an employee is to prepare important records. Next, establish a basis for termination and explore alternatives to termination. Conduct an exit interview, and prepare a comprehensive release and termination document.Full Answer >