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Time to File Under Federal Law Under the Fair Labor Standards Act (FLEA), 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.
Contact the Department of Labor. You should call the Department of Labor (DOL) at 1-866-487-9243. You will then be transferred to a local office. There are over 200 local offices around the country. Your local office will help you complete a claim for unpaid wages.
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.
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.
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.
DOL Overtime Penalties And employers who repeatedly violate the overtime requirements are subject to civil money penalties of up to $1,100 per violation. In some drastic cases, employers can face monumental fines and even prison time for their failure to comply with overtime law.
If you're owed regular or overtime pay from your employer, you can recover the unpaid wages, interest on the unpaid amount, and, in some circumstances, penalties that the law requires the employer to pay.
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