Not being paid for work or overtime you have legitimately performed is illegal and can cause you stress and financial hardship. The Fair Labor Standards Act (“FLSA”) allows you to file a wage claim against your employer is you are in this situation.
The FLSA is a federal law that guarantees New York and New Jersey employees are paid the federal minimum age and overtime for any hours over 40 worked in a work week.
FLSA requirements
The FLSA requires covered employers to pay their employees at least the federal minimum wage of $7.25 per hour and pay overtime at one-and-a-half times their regular rate for all hours beyond 40 worked in a workweek.
Your employer may be violating the law if they refuse to pay you overtime when you work more than 40 hours a week, ask to pay you under the table, refuse to pay you the federal minimum wage or ask you to work for free.
You typically have two options when filing an FLSA claim. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or file a lawsuit in court.
Filing with the Wage and Hour Division
The Wage and Hour Division is the department that enforces the FLSA and investigates employers who have complaints brought against them based on unpaid wages or some other violation of federal law.
Once the Wage and Hour Division completes their investigation, they may try to resolve the claim by ordering your employer to pay your owed wages and managing the payments to you. They might also choose to file a lawsuit against your employer themselves.
However, the federal government is limited by its resources and usually does not take on every case. Therefore, the process for recovering your owed wages might be slower.
Filing against your employer directly
When you file a lawsuit in court against your employer directly, you potentially have more control over the speed of the case and may have additional options for recovery.
Once you decide on an option, start gathering documents to prove your claim. This includes pay stubs, schedules, time sheets or any other records detailing when you worked and how much you were paid.
Federal law requires employers to keep records of pay and hours, so if your employer cannot produce these records, or does not track your time, this can strengthen your claim.
Statute of limitations
No matter which option you choose, act quickly. The FLSA has a statute of limitations. You can typically recover wages going back two years before you file your lawsuit or three years if your employer’s violation was willful. Waiting could cause you to lose part of your unpaid wages.
You work hard for your pay and you deserve to be paid for your work. Depending on your situation, you may receive court costs, attorney fees and other damages in addition to your owed backpay. It is important to know your options to build the strongest possible case.