Cedar Park, TX – Workers always have the right to full compensation for all time that they have legitimately worked at their employer’s direction. If a worker wants to file an unpaid wage claim or lawsuit against the employer, they are eligible to receive the entire outstanding amount and they do not need to allow the employer to negotiate a smaller settlement to resolve the issue. In most cases, this means that the worker should not accept a settlement for less than full pay.
How a worker starts the process
The employee should first notify their employer regarding the issue of unpaid wages. In some cases, things like administrative errors, computer glitches, or other simple misunderstandings may account for the unpaid wages. If this is true, the employer will usually fox the issue and give the worker all of their proper wages.
Filing a dispute with a government agency
If the employer does not remedy the situation, the worker should next proceed to filing a wage and hour dispute with whatever government agency is appropriate based on their situation. For most workers in Texas, this is either the Texas Workforce Commission or the federal Department of Labor’s Wage and Hour Division. They will investigate the claim and attempt to resolve any outstanding issues.
Related problems with unpaid overtime and minimum wage
When a worker takes action against their employer, they should also note whether they have been paid at the correct rate. If the worker was paid less than minimum wage, less than their regular pay rate, or less than one and one half times their pay for overtime, this is all relevant to the wage claim. The worker has the right to be paid properly, and this includes the appropriate rate for their standard wages as well as overtime if they worked more than forty hours in a week. The worker should also check to see if their included break time was paid as required. Employers can usually only avoid paying for breaks if they are legitimate meal breaks that last thirty minutes or more.
Damages for the worker
If a worker who was not paid properly prevails in a lawsuit, they are entitled to various kinds of damages. This includes all of the outstanding pay, along with the possibility of late fees and interest, as well as legal fees. Aside from missing wages, the employee should ask an attorney for more specific information about what kinds of damages may be available based on the facts of their case.
Learning more about unpaid wages
Moore and Associates handles various labor and employment law issues for workers in Cedar Park and other cities in Texas. Workers who need assistance can schedule a meeting with an attorney who focuses on unpaid wages, sexual harassment, and discrimination cases.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002