Posted on: 11 February 2020Share
When you work for an employer, that employer has an obligation to pay you according to the terms of the labor laws. If, for any reason, you haven't been paid according to the terms of your employment or according to the labor laws, you may be able to make a claim against your employer for that compensation. Here's what you need to know about your rights to claim for unpaid wages and what you have to prove.
Paid Less Than Minimum Wage
If you were paid less than minimum wage, you may have the legal right to seek restitution sufficient to compensate for that loss. However, the minimum wage regulation only applies as long as you aren't working in a field that works for tips, commissions, or the like. The compensation laws are different for those types of jobs, and the minimum wage laws don't necessarily apply.
Lost Break Compensation
The labor laws allow for certain paid breaks depending on the number of hours that you work. By law, your employer must permit you to take those breaks, and they must pay you for that time.
Whether your employer fails to allow you the required break times or forces you to punch out for those breaks, either situation may be deemed as a violation of the employment compensation laws. Your labor litigation attorney can help you understand if this applies to you.
Unpaid Off-Clock Work
If you do work for your employer while you are not on the clock, you should still be able to legally claim that time and be compensated for it. If your employer is requiring you to work, in any capacity, while not on the clock, that time should be paid.
You'll have to prove that you were required to perform the work and that your employer refused to compensate you, but this often qualifies for you to seek restitution.
Unpaid Work Travel
Some travel for work must be legally compensated as well. Your traditional commute is not eligible, but most other travel that you do for work should be. You should be compensated for your time and your mileage in most situations. Your labor litigation attorney can help you evaluate each situation to determine if you qualify.
These are just a few of the most common labor compensation issues that employees may experience. If you have any questions about your situation, reach out to a labor litigation services provider today for more information.