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Filing a wage claim under FLSA

On Behalf of | Oct 14, 2021 | Wage And Hour Claims

In New Jersey, employees who are confronted with issues getting the wages they are entitled will be understandably concerned. This can happen to anyone regardless of the type of work they do and how they are paid. Often, people are fearful of workplace repercussions if they complain and are unaware of the available steps to get what they are owed. Knowing how to pursue a case under the Fair Labor Standards Act (FLSA) is vital from the outset.

How can the FLSA help with recovering lost wages?

The FLSA has several remedies that can be sought by workers who have not gotten their wages. The relevant methods hinge on the circumstances. If, for example, a person is owed back wages, the Wage and Hour Division of the U.S. Department of Labor can help with the worker being paid. With employers that are subject to penalties beyond paying employees back wages, the Secretary of Labor can file a lawsuit. Employees can file legal claims privately to get their back pay. In addition, they might be able to get liquidated damages equal to their back pay. The employer could be obligated to pay court costs and legal fees.

People seeking unpaid wages must remember the time constraints. Federal law requires a case to be filed within two years of the violation has occurred. If, however, the employer behaved in a willful manner in withholding wages, the time limit is three years. When lodging a complaint, the WHD should be contacted to get the back wages. The employee can also seek legal representation and pursue the back pay for wage and hour violations through private legal channels.

To recover unpaid wages, professional assistance can be imperative

Whether the error was a clear attempt on the part of the employer not to pay what an employee was owed or it was a simple oversight, it is important to be fully protected under the law. The FLSA is in place to assist workers, but it is also wise to have individual guidance on how to proceed.