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Mitchell Pollack & Associates PLLC

The process for recovering back pay and overtime pay

| Dec 21, 2017 | Employment Law for Employees |

Terrytown residents work hard for the wages that they earn and should be compensated for the tasks they complete for their employers while on the job. This can include taking on longer hours and working overtime when their employers need employee support to get the work done. When a worker fails to receive the right compensation for the job they have done, they may have a cause to pursue under the Fair Labor Standards Act.

Through the Wage and Hour Division of the Department of Labor, a worker may file a complaint that alleges the erroneous or lacking pay that their employer provided to them. The complaint must include certain information that identifies the worker, their employer, the nature of the work that they performed, the pay that they received and other salient data. Even though a worker must identify themselves in their complaint, the complaint is generally left confidential in interactions with the employer.

The Wage and Hour Division then investigates the claim to determine if the worker’s allegations are sound. If they are, then the Wage and Hour Division may use its enforcement power to see that the worker receives the compensation that they have coming to them and to compel sanctions against employers that willfully violate wage and hour laws.

An employee may feel powerless if their employer fails to pay them for the work they do. They may fear losing their job if they complain, but they may also feel frustration over being taken advantage of. With the help of an employment law attorney, a worker may be able to explore all of their options for receiving the pay they deserve for the important work that they do.