In the United States, both federal and state laws govern important aspects of the workplace, such as employment discrimination, minimum wages, an overtime pay.
If you are a worker and you believe that your employer has violated any of those laws you likely have a legal recourse available to you. For example, if you believe your employer owes you unpaid wages, you may be wondering “ Where can an employee file a wage complaint? ” You actually have two routes you may take for unpaid wages.
Understanding your legal options should help you decide how to proceed.
Wage complaints typically fall into one of two categories (or both) – minimum wage violations or overtime pay violations. Federal law dictates what the current minimum wage is; however, states may also establish their own minimum wage. Federal law also governs when and how overtime pay must be paid to a covered employee.
The United States Department of Labor, or U.S. D.O.L.is the federal agency that is responsible for oversight and enforcement of the minimum wage and overtime laws in the U.S. Within the D.O.L., the Wage and Hour Division (WHD) is responsible for investigating complaints regarding unpaid wages.
One option, therefore, for a worker who is owed wages is to file a complaint with the WHD. To do so you will need to contact the local WHD office near you. WHD locations can be found on the agency’s website. The WHD, however, is not required to conduct an investigation of every complaint filed.
Moreover, you could lose out on additional damages to which you may be entitled if you settle for pursuing your complaint through the WHD. The reason for this is that the WHD will typically negotiate a settlement with the employer if a violation is found; however, that settlement is usually limited to back pay owed to the worker.
The other option for a worker who has a wage complaint is to contact an experience Florida employment law attorney. Retaining an attorney assures you that your claim will be investigated in a timely manner.
Furthermore, if your claim has merit, your attorney may be able to recover your back pay plus liquidated damages if you are owed overtime pay. Finally, hiring an attorney does not mean you cannot file a complaint with the WHD.
Often, a worker does file a complaint in an effort to encourage the employer to fall into compliance in the future; however, the employee retains an attorney to ensure that his or her claim for wages is settled in a timely manner and that all possible damages are included in the award.
If you have additional questions or concerns about wage complaints in the State of Florida, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.