Working hard to make money, it is but proper that you get every penny or cent that you worked hard for. Unfortunately, this is not the case most of the time. Employee wages are governed by the Fair Labor Standards Act or FLSA which outlines the rules employers must adhere to when paying employees. The FLSA defines what overtime pay is, when overtime should be paid, and who are eligible for overtime.
According to the website of Williams Kherkher, employees have the right to file a wage claim if they believe that their employer is not paying the overtime pay they deserve. The first step you need to take in order to recover your unpaid wages is to gather information about your employment situation. If you intend to file a claim, make sure that you file within the deadline. Violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements have a three year limit from the time the claim was filed.
After filing a formal complaint, you and your employer will be notified about the next step of your claim. So make sure that you inform the Deputy Labor Commissioner about any change in your address or phone number. A settlement conference will be scheduled. Here, the Deputy Labor Commissioner will try to work a settlement agreement for the payment of the claim. If no agreement is made, the claim will proceed to a hearing.
A Notice of Hearing will then be sent to you with the date and time. Just like in a normal court, you will testify under oath and submit evidence about the claim. Documents that you submitted during the settlement conference will not be allowed in the hearing so you need to present new evidence.
At the conclusion of the hearing, you will receive a letter explaining the decision of the hearing officer and the amount that needs to be paid by the employer. Both employee and employer can appeal the decision with the Superior Court.