Wage payment is decided and governed by state and federal laws and regulations. Each set of rules is extensive and complexity of interplay among them is beyond understanding of the rank and file. If you are not paid full wages for your work, you are entitled to penalties and even attorney’s fees (in some states) along with wages owed. Under certain circumstances, if wages you deserve fall in arrears, it gives you enough grounds to bring other allegations against your employer, including claims of unjust competition.

Wage Claims

You are entitled to a claim for unpaid wages if your employer fails to provide you with:

  • Minimum wage
  • Break time according to provision in law (or if you are allowed to take necessary breaks)
  • Off-the-clock work
  • Enough time to adopt or take off uniforms, safety measures or other work-related gear
  • Accrued vacation time
  • Premium overtime pay for extra hours worked in addition to legally sanctioned straight 8-hour duty in a workday
  • Work-related travel time during the weekday

These claims are not often very clear. For example, if you receive commissions or work for tips, it will make your minimum wage claim complicated. Moreover, it is not mandatory to compensate all travel time. This is the scenario where a construction project manger wage and hour attorney’s assistance comes handy to help you examine and assess if your employer’s failure to pay wages in full or on time is in breach of the state or federal law.

How Can a Lawyer Help?

A learned and experienced lawyer is the right person to assess if your employer has breached state or federal laws.If convinced about violation of law, the professional can explain and present all the available options to help you challenge your employer’s failure to pay wages. Furthermore, the lawyer will also discuss if you have a valid case to pursue.

Discuss Options at Your Disposal

An employee is entitled to sue the employer in case, the latter violates wages and hour laws. However, in many circumstances, the employer might have other and better options. In some states, you can file an unpaid wage claim with the state labor department against your employer. This action will lead to a hearing for issuing a finding on the claim. It is a quicker and cost-effective alternative to bringing a lawsuit. However, it has some obvious disadvantages that your lawyer will surely point out (for example, limiting the damages that can be recovered or foreclosing a lawsuit).

Another viable option is to contact your employer informally. It is an effort to negotiate a settlement for wage claim. With multiple options around, only an experienced employment lawyer can decide what will work best for your case and help you make an informed choice.

Cost/Benefit Analysis

An employment lawyer can give you a fair assessment of the likelihood of opting for any of the options discussed above according to the situation you are in. The lawyer will create a friendly atmosphere so that you can feel comfortable while talking to him or her. Friendly conversation will carve out a solution that will help you recover damages and the lawyer’s fees that you need to bear for pursuing those damages.