What Is an Unpaid Wage Claim?

An unpaid wage claim is a legal complaint employees can file when they don’t receive the pay they’re owed.

The following employer actions often lead to unpaid wage claims:

• Unpaid overtime: Failing to pay time-and-a-half for hours worked over 40 in a given workweek.
• Illegal deductions: Taking unauthorized deductions from an employee’s paycheck.
• Minimum wage violations: Paying employees below the federally mandated minimum wage, or requiring employees to use their cars, phone, computers and other items which reduces their overall pay below the minimum wage.

Additionally, employees may have claims for unpaid bonuses or commissions. Examples include when employers promise bonuses but don’t follow through or when they withhold commissions earned through sales and performance. Wage and hour laws protect employee rights to unpaid earnings.

How Do I Know If I Have a Valid Unpaid Wage Claim?

To determine if you may have an unpaid wage claim:

1. Check your pay stubs for accuracy by comparing your hours worked with the wages you received.
2. Review your employment contract for clauses regarding pay, overtime, and benefits.
3. Compare hours worked versus hours paid by ensuring you receive pay for all hours worked, including overtime, breaks, and off-the-clock tasks.
4. Check the expenses you incur against your hourly rate. If your rate of pay is minimal wage and you are required to use your own vehicle, phone, internet and/or computer, then you likely have a minimum wage claim.

For a more detailed review, you can log your working hours using mobile apps or time-tracking software, such as Clockify, Toggl Track, TimeCamp, or Quickbooks Time. Doing so can be especially helpful when facing unpaid overtime claims or disputes over hours worked off the clock.

What Are the Most Common Reasons for Wage Theft?

Wage theft can occur for various reasons, but some of the most common include:

• Employee misclassification: Employers may incorrectly classify workers as independent contractors or as employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA) to avoid paying overtime wages.
• Failure to pay for off-the-clock work: Employees may not receive compensation for time worked before or after their scheduled shifts, including unpaid overtime.
• Unpaid meal breaks: Employers might require employees to work through their meal breaks without pay.
• Unpaid Travel time: Employers do not pay for travel during the work day or for out of town assignments.
• Minimum Wage Violation: not paying the federal or state minimum wage by requiring employees to use their own equipment and vehicles.

What Are My Rights Under the FLSA?

Under the Fair Labor Standards Act (FLSA), employees have rights regarding their pay, including:

• The right to receive minimum wage for every hour worked.
• The right to receive overtime pay (time-and-a-half) for hours worked beyond 40 in a given workweek.
• Protection against unlawful wage deductions or withholding.

State laws may also provide additional protections. In Louisiana, for example, the LWC highlights that employees are entitled to the same fundamental rights under the FLSA. However, state laws may also address issues such as wage payment transparency, frequency and protections for workers in specific industries.

What Is the Process for Filing an Unpaid Wage Claim?

Like any legal proceeding, filing an unpaid wage claim involves several steps:

1. Gather evidence: Collect pay stubs, timecards, emails, and any documentation that shows unpaid or incorrect wages, including evidence of off-the-clock work.
2. Hire an unpaid wages lawyer: An experienced lawyer can help you navigate the complexities and represent you in negotiations or court if necessary.

What Are the Deadlines for Filing an Unpaid Wage Claim?

The time limit for filing an unpaid wage claim depends on the nature of the violation:

• Typically, you must file FLSA claims within two years of the violation’s date. However, if the violation is willful, the statute of limitations extends to three years.
• State-specific statutes of limitations may differ. In Louisiana, for instance, employees must file claims for minimum wage violations, unpaid overtime, illegal deductions, or unpaid reimbursements within three years.

No matter the deadline, it’s crucial to gather evidence and file your claim as soon as possible to avoid losing your ability to seek compensation.

What Compensation Can I Recover Through an Unpaid Wage Claim?

When you file an unpaid wage claim, you may recover several types of compensation:

• Back pay: The wages you should’ve received for your hours worked, including overtime and minimum wage.
• Liquidated damages: In some cases, you may be eligible for double the unpaid wage amount in the form of liquidated damages.
• Attorney’s fees: If your case is successful, the court may order your employer to pay for your attorney’s fees.
• Litigation costs: the expenses you and/or attorneys may incur is recoverable.

Additionally, some state laws may allow you to recover damages for emotional distress or the psychological toll caused by wage theft, such as anxiety, stress, or loss of sleep. These damages are more common in cases involving willful violations or extreme misconduct by employers.

How Can Bohrer Brady, LLC Help Me with My Claim?

Bohrer Brady has years of experience handling unpaid wage claims, wage and hour violations, and back pay claims. We understand the stress that accompanies wage theft and will work diligently to protect your rights throughout the legal process.

Our firm offers personalized consultations, during which we take the time to understand your unique situation. Whether you’re dealing with unpaid overtime, misclassification, or withheld wages, we’ll develop a strategic approach to your claim. We take pride in our thoroughness and attention to detail, gathering every piece of evidence to strengthen your case.

We have a proven track record of success in handling complex wage disputes and are proud to fight for wronged employees. With our expertise and relentless advocacy, you can be confident that we’re fighting to recover the wages you’re owed.

Our wage and hour lawyers are ready to defend your rights under the FLSA. If you believe your employer has withheld wages from you in any form, contact Bohrer Brady, LLC, now for a free consultation.

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