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To file a complaint for unpaid wages under the FLSA, you may either go to the WHD, which may pursue a complaint on your behalf, or file your own lawsuit in court (which may require you to hire an attorney). Do not delay in contacting the WHD or your state agency to file a claim.
Time to File Under Federal Law Under the Fair Labor Standards Act (FLSA), you must typically file your lawsuit within two years of the date of your employer's wage violation. If the wage violation is ongoing, you will only be allowed to recover unpaid wages for the two years prior to filing your claim.
When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state's labor department.
Late or Unpaid Final Wages An employer who fails to pay wages due on termination may be assessed a waiting time penalty for each late day. The waiting time penalty is equal to the amount of the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.
The FLSA states that employers must pay their employees promptly for all the hours those employees have worked. There are two potential legal penalty if an employer doesn't pay its employees, and in these situations, a late payment is considered the same as no payment.
Try speaking informally to your employer if you're having problems with your pay. You could also try speaking to your human resources or payroll department, if there is one. Ask them to explain anything you don't understand on your payslip or why you haven't been paid. If you disagree with anything, explain why.
If your employer still owes you money, you may want to consider making a claim with the Ministry of Labour. They can order your employer to pay you. You may also want to get legal advice about how much your employer owes you.
Contact your employer (preferably in writing) and ask for the wages owed to you. If your employer refuses to do so, consider filing a claim with your state's labor agency. File a suit in small claims court or superior court for the amount owed.
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