How to Pursue a Minimum Wage Claim

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How to Pursue a Minimum Wage Claim

All workers and employees are protected by states and federal law. Minimum wage is one of the coverage of the said protection. If an employer does not abide by the required standard wage, an employee may file a complaint or lawsuit to recover for unpaid or lost wages.

After filing the claim, the government authorities will do the following tasks:

• Meet with the employer- in this instance the representative will ask probing and intelligent question to ascertain the issues and reasons of the employer.

• Access the payroll records- here your claims will be properly validated. The records will show the amount the employer provides every month

• Talk with the employees- the moment wherein a representative will ask you question regarding the details he/she know from the conversation with the employee. If your claims are truthful or not depending on the evidence you provide.

• Assess any possible violations- here the representative will determine the other violation committed by both parties.

Penalties of the Offending Parties

The Department of Labor has the power to sanction and compensate the employer. This power will give them the authority to:

• Fine employers who do not comply with the law

• Prosecute non-complying employers

• Make erring employers pay attorney's fees

• Make employers pay "liquidated damages"

Every state has its own set of wage policies for the employees. Some states provided their own wage collection status that provides back wages, attorney’s feed and statutory damages.

Steps to take in obtaining a wage claim

1. Submit and file your claim to the labor commissioner's office –the Deputy labor commissioner will determine the circumstances of the claim based upon the information presented upon them. Three initial actions can be taken regarding the claim. They will refer you to either a conference or hearing or to dismissal of the claim.

2. Conference – the claim under this stage will be determine for validation. If the evidence is truthful and complete, the case is properly resolved. However, if the claim is not resolved at the conference, then the commissioner will refer the matter to a hearing. The case has also a probability of being dismiss because of the lack of evidence.

3. Decision – this is where the labor commissioner makes an order, decision, or award depending on the hearing result for both parties.

If the both parties appeal to the office of the commissioner, the court will set a trial date. Trial for both parties will give them the privilege to present witness and evidence to support them. An employee who cannot afford the service of an attorney in court proceeding will be represented by the DSLE.

In processing your minimum wage claim, it is an advantage to hire a lawyer with the specialization and skills to handle your case. The success of your claims lies in the hands of a competent lawyer who has great experience in the art of presenting complaints in court.

Article Source: http://articlenexus.com

To help you with labor law violations such as minimum wage claims, consult with our experienced Los Angeles attorneys services. For more information, simply log on to our website and avail of our free case evaluation.

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