Under both federal and Virginia labor laws, a worker who has not been paid the wages they are owed by their employer may bring a legal action to recover their unpaid wages. Workers in Virginia have a right to receive fair wages that are paid promptly and accurately under both the federal Fair Labor Standards Act (FLSA) and the Virginia Wage Payment Act (VWPA).
The VWPA applies to all employers in Virginia, regardless of their size. Under the VWPA, the definition of wages includes nondiscretionary bonuses and commissions. The VWPA also gives employees the right to join in a class action lawsuit against employers for unpaid wages. The minimum wage in Virginia is set by the state’s Department of Labor and Industry. Virginia’s minimum wage is set at $12.00 for 2024. It will be $13.50 in 2025.
Employers who violate federal and state wage laws may be liable to pay their employees their unpaid wages, an amount for damages, and attorney’s fees. A worker may recover wages they are owed by their employer in the following ways:
- A Federal Claim for Unpaid Wages: A worker may submit a claim for unpaid wages to the Wage and Hour Division of the federal U.S. Department of Labor. A claim might involve hourly wages as well as unpaid overtime pay to which they are entitled under federal wage laws.
- Lawsuit in Small Claims Court or Other Virginia Civil Court: If a person is owed $5,000 or less, they may file a lawsuit under both the FLSA and VWPA in a Virginia small claims court. If they are owed more than $5,000, they may file a lawsuit against their employer in other state courts or possibly in federal court.
- Virginia Wage and Hour Program Claim: A person may also file a claim with the Virginia Department of Labor and Industry. If one has already filed a claim with the Virginia Department of Labor and Industry or the U.S. Wage and Hour Division, they usually can later file a lawsuit in court on the same issue if the federal or state agency is not able to help them.
- Union Grievance Procedure: Workers who are members of labor unions have protections in their union contracts. A union collective bargaining agreement sets the wages and benefits for jobs covered by the contract.
- So, if a person is a union member and they are not paid or are not paid per the rates set in the contract, they may file a grievance through their union representative. A union’s contract also sets its grievance procedure, so they would want to consult their union representative before taking any other action.
If an employer has filed for bankruptcy, then the person may need to file a wage claim in bankruptcy court. Bankruptcy is a process that has its own court and procedures, so an employee who has to turn to bankruptcy court may want to talk to a bankruptcy lawyer.
A local Virginia lawyer would be able to explain how an employee may recover their unpaid wages, plus interest and additional damages. If an employee’s claim is successful, the employee may also recover their attorney’s fees and court costs.
What Should I Do if My Employer Has Not Paid Me?
If an employer fails to pay an employee, the employee may recover the full amount of money they are owed in a claim or lawsuit, as explained above.
They may file a claim with the federal Department of Labor, a claim with the Virginia Department of Labor and Industry, a lawsuit in a Virginia civil court, or a union grievance procedure.
It is important to keep in mind that there are time limits for filing a claim with state and federal agencies and for filing a lawsuit in court as well. The time limits may be different between agencies for the same violation. The time limits for claims may be different for federal and state agencies and lawsuits in court.
If a claim or lawsuit is not filed before the time limit is reached, a person may lose their right to file their claim or lawsuit. So, they do not want to delay filing their claim and should act promptly to make their claim under the employment laws in Virginia.
How Do I File an Unpaid Wages Complaint?
Anyone who has not been paid the wages or other benefits they are owed by their employer may file a back wage claim form with the Wage and Hour Division of the federal Department of Labor. The Division processes the claim and recovers the unpaid wages for the employee. Or they may file a claim with the Virginia Department of Labor and Industry.
An employee may also file an unpaid wages lawsuit in a Virginia civil court. As noted above, they would choose the right court depending on the amount of money they seek to recover.
How Much Can I Sue for Unpaid Wages?
In a claim submitted to the Virginia Department of Labor and Industry, employees may recover all unpaid wages owed to them, an amount equal to their unpaid wages as liquidated damages, interest of 8% on the unpaid wages from the time they became due, and reasonable attorneys’ fees and costs.
Under the federal Fair Labor Standards Act (FLSA), an individual is entitled to be paid the highest minimum wage that applies where they work, whether it is local, state, or federal. In Virginia, the state minimum wage is higher than the federal minimum wage, which is only $7.25 per hour.
Federal law also has overtime rules. Employees who work more than 40 hours in a single workweek must be paid overtime. When a person figures out how much their employer owes them in back pay, they want to calculate how much they were paid, if anything, and what they should have been paid. They would then multiply that amount by the number of hours for which they should be paid.
One may also file an unpaid wages lawsuit in a Virginia civil court. If they are a union member, as noted above, they want to talk to their union representative.
What Are the Legal Consequences and Remedies for Unpaid Wages?
Of course, the amount one can recover depends on how much their employer owes them. Generally speaking, they can recover the full amount of wages they are owed and possibly interest and attorney’s fees and costs.
In addition, they might be able to recover a penalty that is allowed by federal or Virginia law, as noted above. Other penalties might be owed by the employer depending on state or federal law. A lawyer would be able to help determine exactly how much they may have a right to recover.
How Can I Prove an Unpaid Wages Claim?
In a lawsuit for unpaid wages that seeks the payment of overtime or wages that were less than the minimum wage, a worker may be able to recover the following:
- The full amount of unpaid wages and benefits they are owed
- Interest on the full amount of unpaid wages and benefits
- Reasonable attorney’s fees and court costs.
As noted above, in some cases, in a claim with the Virginia Department of Labor and Industry, an employee may be able to recover an additional amount as a penalty as well as attorney’s fees and costs. And it is important to remember that in Virginia, the state minimum wage applies as it is more than the federal minimum wage.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If your employer has not paid you the wages or benefits that you are owed, you want to consult a Virginia employment attorney. LegalMatch.com can quickly connect you to an attorney who can analyze your situation and guide you through the process of getting the full amount of money you are owed.
