Federal wage and hour laws as written in the Fair Labor Standards Act (FLSA) are enforced by the Department of Labor’s Wage and Hour Division (WHD). The most common way to remedy wage violations is to obtain an order that an employer make up the difference between what you should have been paid and what you were actually paid. This is called back pay, and can be ordered in FLSA cases.
If you have unpaid wages and need assistance in getting your employer to pay you what you are owed, contact a trusted unpaid wages lawyer in Washington, D.C. today at the Law Office of Nigel M. Atwell.
How do WHD complaints and investigations work?
The WHD investigates unpaid wages claims as part of its FLSA enforcement activities, with these investigations often being triggered after worker complaints. All complaints are kept confidential—your name and the nature of your complaint are not disclosed, unless that information is absolutely necessary to pursue the allegation.
When you file a complaint, you will fill out a form that includes your name, contact information, company information, names of managers and owners, the type of work you did, the wages you earned and when and how you were paid. It can help to have copies of pay stubs, records of hours worked and other information about the employer’s pay practices.
During investigations, the WHD will examine records to determine the laws that apply to the business and employees, examine payroll records, conduct private interviews with some employees and analyze any other information that could help in the case. If the WHD determines you are owed back wages, it could supervise the payment of those wages, or take other steps as necessary to ensure you are repaid.
An unpaid wages attorney at The Law Office of Nigel M. Atwell can help you through this entire process.
Frequently asked questions on unpaid wages
At The Law Office of Nigel M. Atwell, we regularly receive questions regarding unpaid wage claims. Here are a few of the most common questions we get, and their answers.
What methods does the FLSA provide to recover unpaid wages?
There are several methods for recovering unpaid wages as approved by the FLSA. The Wage and Hour Division could supervise payment of those wages. The Secretary of Labor would file a suit for back wages and additional damages. An employee can file a private suit for back pay and additional damages. Finally, the Secretary of Labor could obtain an injunction to restrain a person from violating the terms of the FLSA, including improper withholding of wages.
What happens after I initially file my unpaid wages claim?
After you have filed your claim, you will receive a notification in the mail confirming receipt of the claim and providing you with a claim number. Until you receive this letter, assume your claim is still being processed.
How long does it take to resolve an unpaid wages claim?
There are a variety of factors that could affect the length of time it takes to resolve your claim. These include the strength of your case, the strength and detail of your supporting evidence and how responsive and cooperative your employer is throughout the process.
Can I provide more information after I file my claim?
You may uncover more supporting evidence after you file your claim. If you have additional information to provide, you are able to send it to the Wages and Hours Division or the department overseeing your claim.
Does leave time count as worked time?
No. You cannot count hours not worked as hours worked for the purposes of FLSA wage calculations.
Contact a knowledgeable Washington, D.C. unpaid wages attorney
To learn more about the process of filing an unpaid wages claim, contact a trusted employment law attorney at The Law Office of Nigel M. Atwell. Our team is pleased to work with you and protect your rights.