When a worker’s employer does not give them all of the wage, salary, or benefits that they earned in any given pay period, it is considered to be a type of wage theft under Missouri labor laws and paycheck laws. Many different things can be considered unpaid wages, including:
- Withholding too large of an amount for tips
- Not providing proper compensation for earned overtime
- Classifying a worker improperly so they do not earn the proper overtime
In addition, wage theft may be referred to as withholding wages or withholding salary. Some examples of how an employer can pay workers incorrectly include:
- Improperly giving or not giving paid leave or other benefits
- Withholding pay when a worker files for disability
- Clerical or administrative pay errors
- Withholding overtime wages
- Not reimbursing the worker for out-of-pocket work-related expenses
- Not paying the worker for time spent working, often called making them work off the clock
- Purposefully miscategorizing a worker to avoid paying them what they should earn
- Not paying the correct minimum wage
Missouri and federal laws provide required minimum wages that most workers have to be paid. In overtime laws, there are categories of workers who are entitled to receive overtime pay when they work more than a specific number of hours every day or week.
There are also some workers who have signed employment contracts or employment agreements. These agreements provide the salary and benefits that the worker earns in exchange for the completion of their job duties.
If an employer does not pay a worker the total amount they earned or when the employee is not given all of the benefits they earned under their contract, the employer has breached the employment contract.
What Should I Do if My Employer Has Not Paid Me?
Workers in Missouri may have different options when their employer does not properly pay or compensate them. A worker who has earned their wages based on hourly pay has to be paid minimum wage in addition to overtime in some cases under Missouri employment laws.
If a worker’s employer has not paid them, their options may include:
- Filing a wage complaint
- Filing a federal lawsuit
- Getting assistance from their union
Wage complaint
When a worker’s employer has failed to properly pay them, one of their first steps may be filing a complaint with the Wage and Hours Division (WHD) of the U.S. Department of Labor to obtain their unpaid wages. Workers should be aware that time limits, or statutes of limitations, may apply in these types of claims.
Federal lawsuit
Workers may be able to file federal lawsuits against employers in some situations. These types of lawsuits can typically be filed up to two years following the date of the violation or the date the worker’s wages were not paid.
When an employer willfully engaged in a violation, the statute of limitations for filing a federal lawsuit is three years. Workers should be aware that they cannot file this type of lawsuit if they received the compensation they were due after filing a complaint with the WHD.
Unions
If a worker has not been paid properly and they are a member of a union, they can try and resolve their wage issue by reporting it to a union representative. A worker’s union may be able to resolve their issue.
For more information on the ways that may be available to resolve a Missouri unpaid wages issue, an individual should reach out to a local Missouri lawyer.
How Do I File an Unpaid Wages Complaint?
An employer is not allowed to terminate or otherwise punish a worker who files an unpaid wage claim. If a worker needs to obtain unpaid wages, they may be required to:
- Provide their employer with a notice that their wages are unpaid with a request for compensation
- Report a violation of the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the U.S. Department of Labor
- File a complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC)
- File a civil lawsuit
If a wage issue has resulted from a simple mistake or oversight, it may be resolved by a complaint with the Human Resources department. If the HR process does not resolve the issue or if the issue involves the department itself, the worker may need to file a lawsuit.
If there have been numerous workers not paid wages they earned by their employer, they may be able to file a class action lawsuit. Unpaid wages issues may also be related to employment discrimination against the worker based on their gender, race, or other characteristics.
How Much Can I Sue for Unpaid Wages?
The amount that a worker will be able to request in their unpaid wages claim depends on how much they are owed by their employer. In general, a worker will be able to ask for and recover the unpaid wages amount as well as attorney’s fees and court costs.
What Are the Legal Consequences and Remedies for Unpaid Wages?
As noted above, employers cannot withhold funds that workers have earned. When an unpaid wages lawsuit is filed against an employer, consequences may include:
- Paying the worker compensatory damages to compensate them for lost wages and other costs
- Reviewing and revising the company policies
- Rewriting policies that resulted in the wage issue
- Terminating the worker or supervisor who was responsible for the unpaid wages
- The business facing suspension or loss of their business license
- The business being required to pay civil fines
In some cases, the compensatory damages award will compensate the worker completely. Additional types of remedies that may be awarded in unpaid wages claims include:
- Giving the worker all the wages they earned
- Reviewing the policies of the business
- Reinstating the worker to their former position
- Paying punitive damages if the employer’s conduct was willful and outrageous
How Can I Prove an Unpaid Wages Claim?
Unpaid wages claims are often proven with documents that show the worker’s missing wages. If an unpaid wages lawsuit is filed, it typically will involve a review of any relevant documents, records, and witness statements.
Common examples of documents that are typically used as evidence in these types of cases include, but may not be limited to:
- Tax papers, such as W2s
- Pay stubs
- Timesheets
- Receipts
- Other types of relevant documents
A worker should always keep detailed records of the wages and overtime that they earn. This is important whether or not they are involved in a current dispute with their employer so, if a dispute does arise in the future, they will be prepared.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If you are a Missouri worker having issues collecting your earned wages, you should consult with a Missouri employment attorney as soon as possible. Your lawyer can help you resolve any type of unpaid wages issue you may have.
With the assistance of a lawyer, you can get a better understanding of Missouri and federal laws that may apply to your situations. If you use LegalMatch, you can take advantage of a free and convenient way to find a lawyer who can help you obtain the wages you are owed.
In most cases, it only takes about 15 minutes to submit your issue on the LegalMatch website. Following your submission, you will get messages from attorneys near you who can help you with your wage issue.
