Steps to Take If I Believe My Employer Is Not Paying Me for the Hours I Am Working?
If you believe that you have unpaid wages, you may feel defeated. Most importantly, you need to know that you are not alone in this predicament. In fiscal year 2023, $274 million in back wages were collected by the U.S. Department of Labor, with 163,000 workers collecting compensation for their losses.
In this blog, our Harrisburg employment lawyers discuss Pennsylvania law regarding unpaid wages and how our legal team can assist you with your claim.
Understand Your Rights
Under the Fair Labor Standards Act (FLSA), employees have a right to be paid for all the hours they have worked, with payment being rendered on time. As of March 2024, the Commonwealth of Pennsylvania’s minimum wage is at $7.25 per hour, the same as the federal minimum wage. Generally, employees that work in excess of 40 hours per week are entitled to overtime pay of 1.5 times their normal hourly rate, with limited exceptions.
Contact Your Employer
Before you take your case to a state or federal government agency, you should first speak directly with your employer. If the unpaid wages were simply overlooked on your employer’s end, then you may be able to remedy the situation quickly. Formally addressing the issue, such as writing a letter, is the best approach since there will be documentation that you attempted to speak with your employer first before taking further action.
File a Complaint with the Department of Labor
If reaching out to your employer does not resolve the issue, you can submit a wage complaint form with the Pennsylvania Department of Labor and Industry. If you choose to file the form electronically, your claim will be expedited. If you elect to complete the form online, you will only be given 20 minutes to complete it. You must also specify the specific dollar amount that your employer owes you.
If you believe that your employer has violated federal law, then you can file your claim with the Wage and Hour Division under the U.S. Department of Labor (DOL), which enforces the FLSA. This would apply if you did not receive minimum wage, overtime pay, or if the wages owed to you exceed $5,000.
Once you file your complaint, an investigation will be conducted. If your claim is valid, then the appropriate agency will submit a legal order to your employer instructing them to pay you back wages.
Hire a Harrisburg Employment Lawyer
You should not attempt to represent yourself in a wage dispute. Based on your employment agreement, you may be required to go through arbitration or mediation before pursuing litigation. An employment lawyer knows your rights and can handle settlement negotiations on your behalf.
For both state and federal claims, the statute of limitations is two years. If you do not file within that time frame, you may be unable to recoup back wages. When you work with our Harrisburg employment lawyers, we will represent you in legal proceedings and advise you accordingly.
Speak with Our Harrisburg Employment Lawyers Today
At Mette Attorneys at Law, we know that you work hard for your money. If you are owed wages or are not being paid fairly for overtime, our Harrisburg employment lawyers want to hear from you. To arrange your consultation contact our office online or by phone today.