If your wage or overtime case is successful, you may receive different types of compensation. You must be paid at your regular rate for every hour you work that does not qualify for overtime pay. Moreover, your employer must pay you overtime at the overtime premium rate if you work overtime hours. If your employer owes you any regular or overtime pay, you can recover the unpaid wages and interest on the unpaid amount, as well as penalty payments that the law requires the employer to pay.
Earning the Minimum Wage
All employees must receive a minimum wage from their employers. Unless one of these is higher than the federal minimum wage, employees must be paid at least the federal minimum wage, or the state or local minimum wage. It is, of course, the employer’s responsibility to pay a rate above the minimum wage if the employee and the employer agree upon it in an employment contract or offer letter.
An employee’s legal right to damages arises when an employer fails to pay him or her the agreed wages for all the hours he or she works. Unpaid wages may be recovered by filing a lawsuit in court or by filing an administrative claim with the state’s labor department.
Working Overtime
You are eligible for overtime pay if you work more hours than your usual hourly wage. In most circumstances, overtime pay is calculated at “time and a half” (150 percent of your regular rate). A worker who spends more than 40 hours in a workweek is eligible for overtime pay, according to federal law.
If your boss fails to pay the overtime premium, you may be able to bring a legal claim against them.
Amount of Money You Can Recover ( Damages)
In a wage claim or suit against your employer, the amount of money you may win is called damages. Below are some categories of damages you may win if you win your case.
The Unpaid Wages
First and foremost, you are eligible for your unpaid wages. The number of wages that the company failed to pay will be given to an employee who wins a wage claim or lawsuit. Any unpaid overtime premium is included under this category. If your company offered you normal earnings for overtime hours, you will be compensated for the difference between your regular wages and the overtime premium you were entitled to.
Interest on Unpaid Wages
You will also be entitled to interest on unpaid wages based on the legal rate. State law will determine the interest rate for unpaid wages or overtime pay. If you prefer not to receive interest, you may be able to receive “liquidated damages.” Liquidated damages are money sums specified by law and given to employees as an alternative to interest under federal wage rules. If your company has behaved “willfully,” meaning not in good faith, it is liable for two times the amount it owes you as liquidated damages.
Penalty
In several states, in addition to the unpaid wages, employers are required to pay a penalty. For example, California law mandates that an employer pay a “waiting time” penalty equal to 30 days’ worth of overdue wages to an employee.
The Fees Paid to Attorneys
Moreover, if you win your wage or overtime case, your employer has to pay your attorney’s fees as well as the costs of bringing the case.
Make sure that your Rights are Enforced
Suing your company for unpaid wages may appear to be a simple process. If your wage claim is basic and minor, you may be likely to undertake it on your own by submitting a complaint with the labor department in your state. You may wish to engage an attorney to represent you if your case is significant or complex. If you’re not sure which path to follow, speak with an employment lawyer who can examine your situation and determine the best course of action for recovering what you’re entitled to.
Siman Law Firm in Los Angeles can assist you if you have a valid claim of lost wages, unpaid wages, overtime wages, or any other employment-related issues.