In some cases, the worker may not get anywhere by speaking with the employer, and they will need to notify a labor agency.
Rosenberg, TX – Many workers will come across problems with missing wages or wage theft. It is the responsibility of the employer to make sure that all of their workers are paid properly and given the full amount due. If this does not happen, the employee has the right to make an unpaid wage claim or bring a lawsuit to be paid the full amount they are owed. A lawyer who focuses on employment and labor issues can provide more information about this process.
Inspecting the employer’s records
All employers are required by various laws and labor regulations to have complete and accurate records of their workers hours. The records should have the total amount of time, along with other pieces of identifying information. The worker can request all of these records as well as pay statements to look for discrepancies and errors. It is helpful if the person has been keeping their own records that can be checked against the employer’s documentation.
Types of missing wages
The worker may notice several different types of problems when examining their records. This can include missing hours, unpaid overtime, an entire missing paycheck, illegal deductions, or work that was done without compensation. There may be issues with break time not being paid correctly as well. Many employers will simply correct the error after being notified if it is obvious there was a computer glitch or clerical error. A large number of issues with missing wages can simply be fixed without the need for further action or any kind of formal claim.
Reporting the problems
In some cases, the worker may not get anywhere by speaking with the employer, and they will need to notify a labor agency. In Texas, this is done by the Texas Workforce Commission. For federal claims, the Department of Labor has a wage and hour division that handles a similar process. The worker can also retain an attorney at this point to help with the claim, or to file an unpaid wage lawsuit. There is the possibility that the worker can ask for liquidated damages or other forms of compensation such as interest for late or unpaid wages. If an agency is involved in the claim, they may do their own investigation and ask for relevant pieces of information and evidence from the employer before making their findings.
Advice from an employment lawyer in Texas
Moore and Associates is a labor law firm that works with local clients in Rosenberg to solve their workplace problems, including wage theft and sexual harassment. Anyone who needs more information from an attorney can contact the firm to schedule a consultation.