When you work at a job, no matter what kind it is, your rights are protected by the US Department of Labor. It sets the standards that employers must follow in order to treat their employees fairly.
Fair treatment includes obvious things like paying workers the full wages that are due to them. Workers also need to be protected against being overworked and underpaid. Employees are allowed a certain amount of breaks per day by law, and if an employer violates this, the company or individual employer is liable. If you feel that your employer has wronged you in the area of wages or hours, you have people in the Department of Labor you can turn to for help. Your company must, by law, follow the rules and you are always entitled to demand your rights and have them honored.
If you have not been paid for hours you have worked or overtime wages for any hours you’ve put in over 40-hours per week, you can file a claim with the Wage and Hour Division of your state’s Bureau of Labor and Industries. You should be compensated for these hours that you’ve worked, as the Bureau is there to protect you and your employment rights
Another situation where this might arise is if your employer goes out of business and you are not paid your wages. They cannot just disappear into thin air without paying you. You are entitled to your salary and you can file a wage claim to receive this.
When filling out a Wage Claim form, you’ll need information including the dates you worked, your expected rate, the reason why you haven’t been paid and the amount (estimated) that you should be paid. It is crucial to provide this information in detail so the BOLI can have everything they need to process your claim. Make sure you give them enough time to process the claim because the procedure can take up to a few weeks. And take the time to fill out the forms completely and accurately. If you miss any important information, you might not be able to file your claim, so take the extra moment to make sure that no information is missing on your form.
If you hope to be successful with a wage or hour claim, you need to provide good supporting evidence. In the case that your claim is accepted, your employer will then also need to provide evidence as well. The Bureau of Labor and Industries will then examine all the evidence provided, and make a decision as to whether a wage law has been violated. If most of the evidence supports the employee’s claim, the BOLI will go ahead with the claim. If you feel your employer has violated one of your rights when it comes to wages and hours, you can hire a San Antonio attorney to represent your case. They will help you through the complicated process of filing a wage claim, so you don’t have to do all the research on this. They will make the process easy and stress-free for you, and increase your chances of winning the claim.
It’s important to know that there are some cases in which it will be unlikely that you will win a wage or hour claim. If you are trying to claim wages more than six months after you have stopped working for a company your claim will not be valid. The same applies if you’re trying to file a claim for an incident that occurred over a year ago. The general rule is that the sooner you can file a claim, the more likely you will be to see the money. If you wait a long time after the incident occurs, there is less evidence to support your case. If you were a member of a union, different rules may apply and you may need to speak with a Bureau representative before you file your claim.
When you go to file a wage or hour claim, be sure to read every question carefully before you answer. Detail counts here and could be the difference between realizing your claim or not. Make sure and explain completely and in detail why your employer did not pay your wage. Even if you’re not completely sure why you weren’t paid, you probably have some idea why you did not get your wage. And make sure you report any change of address to the Bureau. If they cannot contact you, you won’t be able to receive your compensation.