Houston, TX – The federal government has passed various laws that require certain workers to be given overtime pay. According to the Fair Labor Standards Act, all workers who are non-exempt are entitled to one and one half times their regular pay for each hour worked in excess of forty within a week.
Procedure for complaints
The department of labor has specific instructions for any workers who believe that their wages are incorrect because of unpaid overtime. A complaint can be filed to the department, and it must contain the name of the worker, their employer, contact information, information about the specific pay period, and the manager responsible for the worker’s pay. The worker can also explain their situation in the complaint and give details about anything else that might be important for the purposes of their claim. There are disclosure notices which state that the employer cannot retaliate and terminate the worker for reporting unpaid wages or overtime.
A separate procedure is available to third parties who contact the department about wage violations on the behalf of other workers. They must provide their own personal information, as well as the name of the business in question and certain other payroll details.
Investigations and enforcement
Employees of the wage and hour division are authorized to investigate certain workplaces and report their findings. These are sometimes surprise or unannounced visits that are meant to observe normal workplace conditions without time to prepare.
The wage and hour division may choose to examine documents, payroll records, interview employees, and gather other forms of evidence during an investigation of a complaint. If a violation is found, the department can order back wages to be paid, for the company to pay damages, and penalize the company through fines. In extreme cases, the department may recommend a lawsuit or criminal charges.
Lawsuits for unpaid wages
In addition to enforcement by the government, workers have the right to retain their own attorney. While the structure of an unpaid overtime claim may not seem complex, much effort and research can go into a single issue. Specific skills related to forensic accounting may even be needed to track payments and money. Because of these potential issues, some workers will benefit from speaking with a lawyer who can guide them through the complaint process and handle any issues with their employer.
Labor attorneys can assist with lawsuits against employers
Moore and Associates is a firm that helps workers in the Houston area with various employment law and labor issues. Any worker who believes that they have been mistreated or not paid properly can schedule a meeting with the firm to explain their situation and receive advice.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002