Employees that fall under the category of “non-exempt” are qualified for compensation worked except for their standard working hours and work done during their fixed break times.
In addition, non-exempt employees are qualified for their particular state’s hourly minimum wage permitted by law. Employers are required to pay employees an overtime rate that is under the category of “non-exempt” when working over 40 hours every week.
The term “unpaid wages” refers to any money owed to an hourly worker who has carried out their work post-shift, during lunch breaks, or even pre-shift. Wages could additionally be owed in case a worker has been listed to stay at work longer than required without receiving overtime as per the federal overtime rate.
Knowing Your Rights
Each effective lawsuit starts with a representative who knows – or needs to know – their rights according to the labor laws. In general, as a worker, you deserve to be paid the government’s lowest wage by law. According to FLSA (Fair Labor Standards Act), and most stage wage laws require wages to be paid routinely, and on schedule, it also includes unpaid wages Massachusetts.
At the point companies do not succeed in sticking to these prerequisites, workers possibly will be owed compensation. A worker can recover wages along with an equal amount as liquidated damages, together with attorneys’ costs and fees permitted by federal law. Extra remedies possibly will be accessible according to the laws of states with more protective wage-and-hour laws.
Would You Be Able to Sue for Unpaid Wages?
Amongst other awful methods, a company can abuse a worker at work is to not pay them the amount of money they merit for the hours they’ve dedicated. The principal reason workers go to work every day and stay at work beyond 40 hours is to get paid so they can support themselves along with their families. At the point, a company removes the primary motivator for work, strife results.
There should not be any hesitation to make a move in the event that you realize your employer denies wages. According to the FLSA (Fair Labor Standards Act), you are entitled to get these wages. In this situation, you have a right to file a claim against your boss to get backpay. In case necessary, you can also sue your boss for liquidated damages.
FLSA Legal Time Limit on Back Pay
The FLSA has a rule of restriction to get back compensation. This implies a worker is required to file their suit within a specific period after the compensation violation. After the legal time limit of backpay, the worker can no more claim their wages back.
For the most part, there is a two-year legal time limit after the wage violation happens. In the event that your business had a continuing pay violation, a worker can get back wages for the two years before filing the case. The worker can’t get back wages for infringement that go back farther beyond the legal time limit.
Non-Exempt Vs. Exempt, Employee Versus Independent Contractor
Hour regulations and state wages differ and can be intricate, and companies frequently represented in the wrong manner of non-exempt employees as exempt. Irrespective of the fact that your boss has incorrectly presented you as exempt purposely or by mistake, it can bring about you being low-paid.
In some cases, companies additionally struggle distinguishing workers who ought to be classified as workers from the individuals who ought to be classified as independent workers. In this situation, workers who are independent contractors are not qualified for compensation associated with overtime. In the event that your boss has misclassified you as an independent contractor, you possibly will be owed a considerable sum in unpaid overtime.
There are numerous special cases to wage and hour laws that may concern you, and the legitimate tests to decide whether you are an exempt or non-exempt individual, a worker or an independent contractor, can be very befuddling. In this manner, in case you feel that you have been insufficiently paid in light of the fact that your employer has misclassified your work status, you ought to talk with an expert employment law attorney who can assess the idea of your business and decide whether you have undoubtedly been misclassified.
Retaining an Attorney
When it comes to recovering unpaid wages, the recommended way is to get in touch with an expert employment law attorney. In most cases, attorneys offer an initial consultation without asking for any money and deal with employment law cases on a contingency fee basis, implying that you will owe them nothing except if they get a recovery for you.
The ideal way is to get in touch with a professional wage and hour attorney the moment you realize your boss is abusing labor laws. There are several exemptions and nuances as per the FLSA and corresponding state laws that workers may not completely comprehend without the help of experienced individuals.