Remedies in Wage and Hour Claims

To better understand the remedies that are available for wage and hour claims, it is important to know the laws that regulate wages and hours, as well as other aspects of employment.

For starters, wage and hour laws set the basic standards for the minimum wage and overtime pay in the workplace. The main body of law governing employees’ wages and hours is the federal Fair Labor Standards Act (FLSA). The FLSA covers such employment law issues as minimum wage rates, when an employer must pay overtime and in what amount, and child labor protections. The FLSA sets the minimum wage and provides that employees must be paid time and a half for hours worked over 40 in 7 consecutive work days.

The FLSA also protects a worker’s right to earn the federal minimum wage at least, although there are exceptions, and to be paid at the legally-mandated rate for every hour worked. For workers who earn tips, e.g. restaurant servers, the FLSA guarantees their right to keep their tips, with the exception of tips paid into a valid tip pool.

The FLSA also contains record-keeping requirements for employers. Employers must keep accurate records of certain details relating to their business concerning wage rates paid and hours worked by employees. These records may also include personal information about their employees, their total daily or weekly earnings, and the total amount of wages rendered for each pay period.

Each state also has laws relating to wages, hours, overtime and other conditions of employment. In some states the state law provides more protections than the FLSA. They may include time limits within which employees must be paid. These may include deadlines for final paychecks if a worker’s employment has been terminated, requiring employers to pay out unused vacation or paid time off, prohibiting certain paycheck deductions, and much more. Some states set higher minimum wages than the FLSA and a worker is entitled to the higher state minimum wage if the state mandates a higher minimum.

If an employer fails to meet any of the requirements of either state or federal law, then the employer could be in violation of both state and federal laws. This could have various adverse legal consequences.

One of those legal consequences could be a lawsuit filed by an employee claiming violation of wage and hour laws, which resulted in harm to the employee.

What Are Wage and Hour Claims?

Wage and hour claims, also known as wage and salary claims, are one of the most common types of lawsuits filed in the employment law context. They may involve disputes concerning either the amount of wages that an employee has earned or the number of hours that an employee has worked.

Or these cases may focus on other specific issues, such as:

• Whether the employer compensated the employee at the correct rate of pay or salary, i.e. the pay rate or salary to which the employee is entitled by the law;
• Whether the employer paid an employee the state or federal minimum wage to which the employee is entitled by law;
• Incorrect calculations for the payment of overtime wages;
• Not being paid for time spent in mandatory employee training sessions;
• Offers for compensatory time off, e.g., giving an employee time off in the future, as opposed to paying them for their overtime hours;
• Disputes regarding the number of hours that an employee is required to work;
• Disputes regarding paycheck deductions that may result in a worker receiving less than the minimum wage;
• Issues related to rest and meal breaks.

For instance, in one common scenario, an employer fails to pay a worker their overtime, even though that worker is entitled to it. Since these kinds of disputes often involve claims for unpaid wages, they usually require some form of monetary remedy, usually an award of back pay.

It is a good idea to consult an experienced employment lawyer about wage and hour claims. A lawyer can help an employee figure out the pay rate to which they are entitled by law and whether they have been paid the amount to which they are entitled. A lawyer can also help an employee get the best available remedies, if they are not being paid what they are owed. Finally, a lawyer can help the employee pursue their claim.

What Are Some Common Remedies for Wage and Hour Claims?

Most wage and hour claims result in a monetary damages award that is paid by the employer to the claimant employee. In general, damage awards cover the unpaid wages, plus other potential losses that might be related to the employee’s claim, such as loss of profits on some kind of related transaction.

Additionally, other remedies might include:

• Requiring that the employer change their payment and hour policies, so that they conform to both state and federal laws;
• Investigation of the employer company’s overall record-keeping practices;
• Termination of the employment of a particular supervisor or manager; and
• Reinstatement of the worker to their previous position. This would occur only if the employment of the employee had been terminated because of the wage dispute.

How Are Wage and Hour Disputes Proven?

The first step for an employer who believes that their employer is violating state or federal wage laws is to raise the issue with the company’s HR or payroll department. It may be a simple oversight or mistake that the employer will fix if it is brought to their attention. Or, if the company has a procedure for bringing concerns to the attention of HR, the employee should follow the procedure.

If this does not resolve the problem, the employee needs to consider the law in the state where they work. In some states, employees seeking unpaid compensation can either file a wage claim with a state agency, probably the state department of labor, or file a lawsuit in court. An experienced employment lawyer can advise a worker as to which approach would be best for the worker’s situation. A worker could also discuss whether they would be able to file their claim themselves or whether they need the assistance of a lawyer.

Proving wage and hour claims may involve locating and presenting many different employee documents and statements. These documents might generally might include:

• Pay stubs;
• Work logs: These are the employer’s records showing when an employee clocks in and out of work, and the like;
• Tax documents;
• Receipts;
• Independent contractor agreements;
• Various other documents that can be used to prove the number of hours worked by the employee as well as the hourly wage that the employee was in fact paid.

In addition, witness testimony may also be offered as evidence. For example, an employee’s coworkers can give statements about their observations of the worker’s performance or their own wage and hour experiences.

If a person suspects that they are not being paid what they should for the hours they work, they should keep careful records themselves of the hours they spend on the job, the nature of the tasks they perform, and how much and how often they are paid. They should keep pay stubs or any other records they receive from their employer to document their hours and pay. They may want to keep the names and contact information for co-workers as well. All of this information may be useful in proving a wage claim.

Should I Hire a Lawyer to Help with a Wage and Hour Claim?

Wage and hour claims sometimes involve some fairly complex legal issues. If you think you need representation for a wage and hour dispute, you may want to consult a local employment law attorney.

A local employment law attorney can provide information about the laws in your state, how they apply to your specific claim, and also discuss what rights you have in regard to your employment.

Additionally, an experienced employment law attorney can assist you with filing a claim or they can represent you if the situation warrants. You may be able to file a claim on your own, but your lawyer can help you decide if that is the best course of action.