Employees must be paid the highest minimum wage that applies where they work, whether that’s the federal, state, or local rate. The minimum wage in Florida is currently $12.00 an hour (in 2023). Because Florida’s minimum wage is higher than the federal minimum wage ($7.25), you are entitled to receive the state minimum wage. If the city or county where you work has a higher minimum wage, you are entitled to that amount.
To calculate your unpaid minimum wage claim, take the difference between what you were actually paid per hour and what you should have been paid per hour, and then multiply that amount by the total number of hours you worked. For example, if your employer paid you $2 less than the minimum wage for 120 hours of work, you are entitled to $240.
If you receive tips at your job, your employer can pay you a lower hourly wage, as long as you make enough in tips to bring your total hourly earnings to at least the state minimum wage. In Florida, employers may pay tipped employees as little as $8.98 per hour (as of 2023). However, if an employee doesn’t earn enough in tips to earn at least the state minimum wage, the employer must pay the difference.
To learn more on these rules, see Florida Laws for Tipped Employees.
Failing to pay the overtime premium is one of the most common wage violations by employers. Florida does not have its own overtime law. However, Florida employers are still subject to the federal overtime standard, which means they must pay eligible employees overtime when they work over 40 hours in a workweek.
Not all employees are entitled to earn overtime, however. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to receive overtime.
If your employer has failed to pay you for overtime, your unpaid wages are the difference between what you should have been paid and what you were paid. For overtime hours, employees are entitled to time-and-a-half. This means that you’re owed an extra 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $14 an hour, you should be paid $21 an hour for overtime work.
Example: Janet works 40 hours a week at a credit card call center; she earns $15 an hour. If she works four extra hours during the week, she is entitled to her usual $15 an hour for the first 40 hours ($600), plus $22.50—one-and-a-half times her regular rate—for four overtime hours ($90), for a total of $690.
Neither federal law nor Florida law requires employers to let employees take meal or rest breaks during the workday. However, under federal law, if your employer chooses to give you time off during the day, you must be paid for:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above 40 per workweek.
Federal and state law give employees the right to collect penalties in addition to the wages they should have been paid, if they win their administrative claims or lawsuits. Some of these penalties are described below; additional penalties may be available under state or local law.
In Florida, you can be awarded liquidated damages if your employer violates the state minimum wage law. These damages are equal to your unpaid wages award. In other words, if your employer owes you $600 in unpaid minimum wages, you are entitled to an additional $600 in liquidated damages. To claim liquidated damages, you must tell your employer in writing that you plan to sue. You must also include the minimum wage you should have been paid, the approximate days and hours for which you are seeking payment, and the total amount you claim the employer owes you. Your employer then has 15 calendar days to resolve your claim. If your employer fails to act, you can sue and request liquidated damages.
If your employer fails to pay you overtime, you are entitled to liquidated damages under the federal Fair Labor Standards Act (FLSA). An employee who wins an overtime case in court can be awarded liquidated damages in an amount equal to his or her unpaid wages. For example, if your employer failed to pay you $1,500 in overtime, you would be entitled to an additional $1,500 in liquidated damages, or $3,000 total.
If your employer failed to pay you all of the wages you are owed, you can file a lawsuit in court. Unlike most states, Florida does not have a state agency that receives employee complaints and enforces state wage and hour laws. If you want to enforce your wage and hour rights, you may either file a complaint with the federal Department of Labor or file a lawsuit.
If you plan to move forward with a lawsuit or complaint with the federal Department of Labor, talk to an experienced Florida wage and hour lawyer about representing you. A lawyer can file a wage claim for you or file a lawsuit in court. If you win, your attorney can ask the judge to make your employer pay your attorneys’ fees.
Under Florida law, you have four years to file a lawsuit alleging that your employer failed to pay you the minimum wage. If your employer’s violation of the law was willful, you have five years to file your claim. Under federal law, you have two years from the date your employer violated the FLSA (or the date you learned of the violation) to sue or file an administrative claim. If your employer violated the law willfully, you have three years. An attorney can also tell you if you have any other claims, such as a breach of contract claim, to which different time limits typically apply.
]]>Employees must be paid at least the minimum wage per hour. You are entitled to be paid the highest minimum wage that applies where you work, whether that's the federal, state, or local rate. The federal minimum wage is currently $7.25 an hour. In Nevada, the minimum wage (as of 2023) is $10.25 if your employer provides health benefits or $11.25 if not. If the city or county where you work has a higher minimum wage, you are entitled to that amount.
To calculate your unpaid minimum wage claim, take the difference between what you were actually paid per hour and what you should have been paid per hour, and then multiply that amount by the total number of hours you worked. For example, if you work for an employer that does not provide health benefits, and you were paid only $9.25 an hour for your first three weeks of full-time work, you would be entitled to $1 times 120 hours (40 hours × 3 weeks), or a total of $120.
In most states, employers may pay a lower minimum wage to employees who earn tips, as long as they make enough in tips to earn at least minimum wage per hour. Nevada does not allow this, however. Tipped employees in Nevada are entitled to the same basic minimum wage as everyone else. To learn more, see Nevada Laws for Tipped Employees.
Failing to pay the overtime premium is one of the most common wage violations by employers. Under federal and state law, employees are entitled to overtime if they work more than 40 hours in a workweek. Nevada law also provides for daily overtime: Employees who earn less than 1.5 times the minimum wage are entitled to overtime if they work more than eight hours in a day.
Not all employees are entitled to earn overtime, though. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to receive overtime.
If your employer has failed to pay you for overtime hours, your unpaid wages are the difference between what you should have been paid and what you were paid. For overtime hours, employees are entitled to time-and-a-half. This means that you're owed an extra 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $16 an hour, you are entitled to be paid $24 an hour for overtime work.
Example: Joaquin is a busser at a restaurant. He typically earns $11 an hour and works 40 hours a week. When local hotels are booked for a big convention, Joaquin picks up an extra eight-hour shift. He is entitled to $11 an hour for the first 40 hours ($440) and $16.50 for eight overtime hours ($132), for a total of $572.
In Nevada, employees have the right to a 30-minute unpaid meal break if they work a continuous eight-hour shift. Nevada employees are also entitled to a paid ten-minute break for every four hours (or major fraction of four hours) they work, unless their whole workday lasts less than three-and-a-half hours.
Federal law doesn’t give employees the right to any breaks during the workday. However, for employers who choose to provide breaks, federal law requires that you must be paid for:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through or weren’t allowed to take. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above 40.
Federal law gives employees the right to collect penalties in addition to the wages they should have been paid, if they win their administrative claims or lawsuits. Some of these penalties are described below; additional penalties may be available under state or local law.
If your employer violates the federal minimum wage or overtime laws, you have the right to request liquidated damages. Liquidated damages are available in the amount of your unpaid wages. In other words, if your employer fails to pay you $3,000 in overtime, you can request an additional $3,000 in liquidated damages, for a total award of $6,000.
Nevada law requires your employer to provide your final paycheck immediately if you are fired or laid off, or if you quit, within seven days or on the next scheduled payday (whichever is earlier).
If your employer fails to pay you on time, you can collect a penalty of one day's wages for every day your paycheck is late, up to 30 days. If you quit, the penalty begins on the day your paycheck was due. If you were fired or laid off, the penalty begins three days after your paycheck was due.
If your employer failed to pay you all of the wages you earned, you can file a lawsuit or a wage claim with the Nevada Labor Commissioner. (The Commissioner has made its wage claim form available online; you can select the link from the home page.)
If you plan to move forward with a lawsuit or a wage claim, talk to an experienced Nevada wage and hour lawyer. A lawyer can file a wage claim on your behalf or file a lawsuit in court seeking to collect your unpaid wages. If you win your lawsuit, your attorney can ask the judge to make your employer pay your attorneys' fees.
If you plan to assert your rights, you should act quickly. For claims of violation of Nevada’s minimum wage law, you have two years to file. For other state law violations, you generally have three years to file. For violations of federal law, you have two years to file (unless the employer’s violation was willful, in which case you have three years). A lawyer can also tell you if you have any other claims, such as a breach of contract claim, to which different time limits typically apply.
]]>Virginia’s minimum hourly wage is $12 per hour in 2023, higher than the federal minimum wage of $7.25. If you live in a city or county with a higher minimum wage, you are entitled to that amount.
To calculate your unpaid minimum wage, subtract what you were actually paid per hour from what you should have been paid per hour. For example, let’s say you were paid $8 an hour for a full week of work. You are entitled to an additional $4 an hour times 40 hours, or $160.
In most states, including Virginia, employers may pay a lower minimum wage to employees who earn tips, as long as the hourly wage plus tips adds up to at least the full minimum wage. (To learn more, see Virginia Laws for Tipped Employees.)
Failing to pay the overtime premium is one of the most common ways employers violate wage laws. Under federal law, Virginia employees are entitled to overtime if they work more than 40 hours in a week.
You are entitled to overtime unless your employer can prove that you fit into one of the narrow exemptions to the overtime rules. The most common federal exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and administrative work and who have the authority to make relatively high-level decisions; see our overtime page for more information.
If your employer has failed to pay you for overtime hours you worked, you are entitled to an extra 50% of your hourly rate. For example, if you are usually paid $12 an hour, you are entitled to be paid time and a half—$18 an hour—for overtime work.
Example: Luis works as a paralegal for a law firm. He usually works 40 hours a week and is paid $16 an hour. Luis agrees to work 10-hour shifts for a week to help prepare for a big trial. For that week, he is entitled to his usual $640 for 40 hours at $16 an hour, plus an additional $240 for his ten hours of overtime at $24 an hour.
Virginia employers are not required to provide any meal or rest breaks. However, if they choose to do so, they must pay for the following under federal law:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above 40.
Federal and state law give employees the right to collect penalties for certain wage violations, if they win an administrative case or lawsuit. Some of these penalties are described below; additional penalties may be available.
If your employer violates the federal minimum wage or overtime laws, you have the right to request liquidated damages in an amount equal to your unpaid wages. In other words, if your employer fails to pay you $4,500 in overtime, you can request an additional $4,500 in liquidated damages, for a total award of $9,000.
Virginia law requires employers to pay all wages owed to terminated employees by the next scheduled payday, whether the employee quits or is fired. Employers must also pay hourly employees at least twice a month, and salaried employees at least once a month. Employers that violate these laws can be required to pay 8% annual interest on the unpaid wages to the employee.
If your employer failed to pay you all of the wages you earned, you can file a wage claim with the Virginia Department of Labor and Industry. Your wage claim must meet certain requirements. For example, if your employer owes you more than $15,000, you may not file a wage claim.
You may also file a lawsuit against your employer for unpaid wages. If you plan to go forward with a lawsuit or a wage claim, talk to an experienced Virginia employment lawyer right away. You may have only two years in which to file a claim, and it’s best to file quickly, before memories fade and documents are lost.
A lawyer can help you file a wage claim or file a lawsuit in court seeking to collect your unpaid wages. If you win, your attorney can ask the judge to require your employer to pay his or her fee.
]]>If your employer has failed to pay you all you’ve earned in a timely fashion, you may be entitled to recover not only your unpaid wages, but also penalties intended to punish your employer for wage violations.
In California, "wages" are defined as compensation for labor or services performed by an employee, whether the amount is determined on a time, task, piece, commission, or other basis. Wages can include salary, hourly pay, bonuses, commissions, vacation pay, sick leave pay, and other forms of compensation.
California employers are required to pay employees for all hours worked at the agreed-upon rate of pay, including overtime pay for any hours worked in excess of eight hours per day or 40 hours per week. Employers must also provide employees with meal and rest breaks, and to pay employees for any unused vacation or other paid time off.
If an employer fails to pay wages or provide required benefits, employees may file a claim with the California Labor Commissioner or pursue a lawsuit in court to recover the unpaid wages, penalties, and other damages.
Among other things, employers may violate wage and hour laws by:
Employees are entitled to the highest applicable minimum wage where they work, whether that’s the federal, state, or local rate. California’s minimum wage is significantly higher than the federal minimum wage of $7.25. (California's minimum wage is often increasing; see our article on California wage and hour laws for the current rate.) Some cities, such as San Francisco, have even higher minimum wage rates.
To calculate your unpaid minimum wage claim, simply take the difference between you were actually paid per hour and what you should have been paid per hour, then multiply that amount by the total number of hours you worked. For example, if your employer paid you $12 per hour instead of $15 per hour for your first two weeks of full-time work, you would be entitled to an additional $3 per hour for each of your 80 hours of work, or $240 ($3 × 80).
In certain states, employers may pay employees a wage lower than minimum wage if the employee receives enough in tips to make up the difference (called a “tip credit”). However, California does not allow a tip credit. If you receive tips as part of your compensation, you are still entitled to the full minimum wage for each hour you work. Learn more about California’s rules for tipped employees.
Failing to pay employees properly for overtime work is one of the most common wage violations by employers. In California, employees are entitled to time-and-half if they work more than eight hours in a day or 40 hours in a week; they are also entitled to time-and-a-half for the first eight hours on their seventh consecutive workday. Employees are entitled to double time for any hours worked beyond 12 in a workday and for any hours worked beyond the first eight on their seventh consecutive workday.
Not all employees are entitled to earn overtime. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and other exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to overtime.
If your employer has failed to pay you for overtime hours, you are owed the difference between what you should have been paid and what you were paid. Time-and-a-half pay means that you’re entitled to 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $16 an hour, you should be paid $24 an hour. And, double time pay means you are entitled to twice your regular rate of pay.
Bob usually earns $16 an hour. His employer pays him at his regular rate for all hours worked. He worked ten hours on Monday, 14 hours on Tuesday, and four hours each on Wednesday, Thursday, and Friday. Because he worked only 36 hours in the week, he isn’t entitled to weekly overtime.
But, because he worked more than eight hours on Monday, he is entitled to time-and-a-half for two hours (an extra $8 × 2 hours = $16). Bob also worked more than eight hours on Tuesday.
He’s entitled to time-and-a-half for the eighth to twelfth hour (an extra $8 × 4 hours = $32). He is also entitled to double pay for the twelfth to fourteenth hours on Tuesday (an extra $16 × 2 = $32). Bob has a total unpaid overtime claim of $80.
Federal law doesn’t give employees the right to take meal or rest breaks during the workday. However, if your employer lets you take breaks, you may be entitled to pay for that time. You are entitled to be paid your regular wages for:
California gives employees the right to a 30-minute unpaid meal break and a paid ten-minute break for every four hours (or major fraction of four hours) worked. If you didn’t receive these state-required breaks, you are entitled to a penalty; see “Penalties for Unpaid Wages,” below.
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above the daily or weekly overtime standard.
California law also requires employers to provide paid sick leave to employees. Employees are entitled to earn one hour of paid sick leave for every 30 hours worked; for details about the law, see Paid Sick Leave in California. If your employer doesn’t allow you to accrue or use paid sick leave, you are entitled to be paid for any time you had to take unpaid.
In addition to the actual wages you should have been paid, you may be entitled to collect penalties. In California, the penalties available for unpaid wage claims include:
If your employer failed to pay you all of the wages you earned, you can either file a wage claim with the California Labor Commissioner’s Office or file a lawsuit in court. You can find instructions on filing a wage claim, including the form you’ll need to use (with instructions), at the Labor Commissioner’s How to File a Wage Claim page.
Whether you plan to file a wage claim or file a lawsuit, you should move quickly. In California, you have up to three years to file a lawsuit based on violation of a statutory right, such as your right to overtime, breaks, or minimum wage.
The same time limit (called a “statute of limitations”) applies to penalties for violating these rights. If your lawsuit is based on a contract (for example, your employer promised to pay you $15 an hour but paid you only $10), you have four years to sue if the contract was written and only two years if the contract was oral. To be safe, it’s best to pursue your claim as soon as you become aware that you’re owed unpaid wages.
If you aren’t comfortable filing a claim on your own behalf, or you have a large or complicated wage claim, talk to an experienced California wage and hour lawyer about representing you.
A lawyer can file a wage claim on your behalf with the Labor Commissioner’s Office or file a lawsuit in court seeking to collect your unpaid wages. If you win your lawsuit, your attorney can ask the judge to make your employer pay your attorneys’ fees.
]]>Below, we explain common wage violations in New York, how to calculate your unpaid wages, and how to pursue your wage claim.
Employees are entitled to the highest applicable minimum wage, whether it's the federal, state, or local rate. New York's minimum wage is significantly higher than the current federal minimum wage of $7.25. And if you work in New York City or other parts of New York, you are entitled to an even higher rate. Fast food employees are also entitled to a higher minimum wage, depending on location and size of employer. (To calculate your minimum wage, use the New York Labor Department’s minimum wage calculator.)
If you didn’t receive the minimum wage, you can collect unpaid wages from your employer. To calculate the amount due, take the difference between your hourly rate and the minimum wage. Then, multiply that amount by the number of hours worked. For example, if your employer paid you $3 less than the applicable minimum wage for 80 hours of work, you would be entitled to $240.
Different minimum wages apply to tipped employees. To learn more, see our article on how tipped employees are paid in New York.
Consistent with federal law, New York employers must pay employees time-and-a-half when they work more than 40 hours in a work week (or 44 hours per week, for live-in domestic workers). Certain types of salaried employees are exempt from overtime laws; to learn more, see our article explaining the white-collar exemptions.
If you didn’t receive the overtime rate, you can collect 50% of your regular rate per hour. For example, suppose you worked 50 hours during the week but only received your regular hourly rate of $12 per hour (for a total of $600). The last ten of your hours should have been paid at the overtime rate of $18 per hour. So you should receive the difference of $6 per hour ($18 - $12) for ten hours, for a total of $60 extra per week.
New York requires employers to prove meal breaks to their employees at certain times throughout the day. For lunch, employees who work more than six hours must receive a 30-minute lunch period between 11:00 a.m. and 2:00 p.m. For shifts that begin before 11:00 a.m. and continue past 7:00 p.m., employees must receive an additional 20-minute meal period for dinner between 5:00 p.m. and 7:00 p.m. For late-starting shifts between 1:00 p.m. and 6:00 a.m. that last more than six hours, employees must receive a 45-minute meal period during the middle of their shift. (Factory employees are entitled to additional time; for more information, see our article on New York meal and rest breaks.
The meal period can be unpaid, as long as you are fully relieved of all work duties. If you’re required to do any work—even sitting at your desk to wait for a phone call or delivery—you must be paid for your time. Also, under federal law, your employer must pay you for any breaks that are 20 minutes or less, even if you’re fully relieved of all work duties (for example, a bathroom break or coffee break).
To calculate your unpaid wages, add up:
This time counts are hours worked, for which you must be paid. If the additional time results in overtime, you must be compensated at your overtime rate.
New York employers must also follow several other wage and hour requirements under federal and state law. Here are some other common wage violations by employers:
In New York, employees with wage claims can collect an additional sum called “liquidated damages.” You can collect 100% of your unpaid wages as liquidated damages if your wage claim includes violations of minimum wage, overtime, meal break, or day or rest laws. For example, if you are owed $1,200 in unpaid minimum wage and overtime, you can collect another $1,200 in liquidated damages, for a total of $2,400.
In some cases, you can also collect the following if you win your case:
Additional penalties are available if your employer failed to provide with certain notices or information, including:
The quickest and easiest way to recover unpaid wages is typically to file a wage claim with the New York Department of Labor. For most wage violations, you must complete a Claim for Unpaid Wage (LS 22). For unpaid bonuses or vacation, sick, or holiday pay, you must complete a Claim for Unpaid Wage Supplements (LS 425). The Department of Labor will investigate your claim, hold a hearing, and help you recover any wages that are owed.
Alternatively, you may file a lawsuit in court to collect your unpaid wages. However, filing in court is a much more complicated process. Unless you have a very small and simple claim, you should consider hiring an employment lawyer. You can also hire a lawyer to represent you before the Department of Labor.
You have six years to collect unpaid wages from your employer under state law, but only two years for violations of federal law (or three years if the employer willfully violated the law). However, it’s best to file your claim or consult with an employment lawyer as soon as you know you have a wage claim.
After you leave a job in New York, whether you quit, were fired, or were laid off, state law requires your employer to give your final paycheck on the next scheduled payday.
If your employer has failed to pay your final paycheck on time, you can file a claim with the state Department of Labor's Division of Labor Standards. If successful, you'll be entitled to the money you're owed and perhaps additional damages from your employer.
]]>Employees must be paid at least the minimum wage for each hour they work. You are entitled to be paid the highest applicable minimum wage where you work, whether that’s the federal, state, or local rate. Although Georgia has a minimum wage ($5.15), it is less than the current federal minimum wage of $7.25. As a result, employees in Georgia are entitled to the federal minimum wage, unless their municipal or county government has a higher minimum wage.
To calculate your unpaid minimum wage claim, simply take the difference between what you were actually paid per hour and what you should have been paid per hour, and then multiply that amount by the total number of hours you worked. For example, if your employer paid you the state minimum wage for your first three weeks of full-time work, you would be entitled to an additional $2.10 ($7.25−$5.15) an hour times 120 hours (40 hours × 3), for a total of $252.
If you receive tips at your job, your employer can pay you a lower hourly wage – as little as $2.13 an hour – as long as you earn enough in tips to bring your total hourly pay up to the federal minimum wage. To learn more, see Georgia Laws for Tipped Employees.
Failing to pay employees properly for overtime is one of the most common wage violations by employers. In Georgia, employees are entitled to overtime if they work more than 40 hours in a workweek.
Not all employees are entitled to earn overtime, however. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to receive overtime.
If your employer has failed to pay you for overtime hours, your unpaid wages are the difference between what you should have been paid and what you were paid. For overtime hours, employees are entitled to time-and-a-half. This means that you're owed an extra 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $8 an hour, you are entitled to $12 an hour for overtime hours.
Example: Jan usually works four eight-hour shifts per week (32 hours total). If she has to work a couple of extra hours two days per week, she would not be entitled to overtime, because her total weekly hours would still be less than 40. If, however, she worked five eight-hour shifts, then had to work two extra hours on two days of the week, she would be entitled to four hours of overtime (in addition to 40 hours at her regular rate).
Neither federal nor Georgia law gives employees the right to take meal or rest breaks during the workday. However, if your employer chooses to let you take breaks, you may be entitled to pay for that time. You are entitled to be paid for:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above 40 per workweek.
In addition to paying you the wages you should have received for the above wage violations, Georgia employers can also be required to pay liquidated damages. Liquidated damages are intended to compensate you for other financial losses that are difficult to measure, such as fees you may have had to pay for bounced checks, late charges, and so on.
An employee who wins in court or an administrative hearing can be awarded liquidated damages in an amount equal to his or her unpaid wages. For example, if your employer failed to pay you $1,200 in overtime, you would be entitled to an additional $1,200 in liquidated damages, or $2,400 total.
If your employer failed to pay you all of the wages you earned, you can either file a complaint with the Wage and Hour Division of the U.S. Department of Labor or file a lawsuit. Georgia doesn’t have its own state enforcement process.
The Wage and Hour Division may investigate your complaint. If it finds that your employer has violated the law, it can supervise the payment of any wages you are owed, settle your claim with the employer, or file a lawsuit on your behalf (this is very rare).
If you aren’t comfortable filing a complaint on your own behalf, or you have a large or complicated wage claim, talk to an experienced Georgia wage and hour lawyer about representing you. A lawyer can file a wage claim on your behalf or file a lawsuit in court. If you win, your attorney can ask the judge to make your employer pay your attorneys’ fees.
Whether you plan to file a wage claim or hire an attorney to represent you, you should move quickly. In Georgia, you have two years from the date when your employer violates the FLSA (or the date you learn of the violation) to sue or file an administrative claim over unpaid wages. If your employer violated the law willfully, you have three years to file a claim or lawsuit for your wages. A lawyer can also tell you if you have any other claims, such as a breach of contract claim, to which different time limits typically apply.
]]>Oregon's minimum wage is higher than current federal minimum wage of $7.25, so employers must pay the higher state minimum wage. In the Portland metro area, the minimum wage is higher than the statewide wage, so Portland employers must pay more.
If you didn’t receive the minimum wage, you can collect unpaid wages from your employer. To calculate the amount due, take the difference between your hourly rate and the minimum wage. Then, multiply that amount by the number of hours worked. For example, if your employer paid you $2 less than the minimum wage for 40 hours of work, you would be entitled to an extra $80 per week.
Consistent with federal law, Oregon employers must pay employees time-and-a-half when they work more than 40 hours in a work week. (Exempt employees are not entitled to overtime pay. To learn more, see our article on which employees are exempt from overtime.)
If you didn’t receive the overtime rate, you can collect 50% of your regular rate per hour. For example, suppose you worked 45 hours during the week but only received your regular hourly rate of $12 per hour (for a total of $540). The last five of your hours should have been paid at the overtime rate of $18 per hour. So you should receive the difference of $6 per hour ($18 - $12) for five hours, for a total of $30 extra per week.
Under Oregon law, employers must provide employees with a 30-minute unpaid meal break when they work six or more hours in a shift. Employers must also provide a ten-minute paid rest beak for every four hours—or major portion of four hours—worked. Under federal law, employees must be paid for any breaks of 20 minutes or less or breaks during which they are not completely relieved of their duties.
To calculate your unpaid wages, add up:
This time counts are hours worked, for which you must be paid. If the additional time results in overtime, you must be compensated at your overtime rate.
Oregon employers must also follow several other wage and hour requirements under federal and state law. Here are some other common wage violations by employers:
In Oregon, employers must pay a penalty if they willfully withhold your wages after you leave their employment. If your employer has failed to pay you your final paycheck, you can receive eight hours of pay per day at your regular rate, for up to 30 days. However, if your employer pays you within 12 days of your written request, the penalty cannot exceed 100% of your unpaid wages.
In Oregon, employees with minimum wage or overtime claims can collect an additional sum called “liquidated damages” under federal law. Liquidated damages are intended to compensate you for the delay in payment of your wages. You can collect 100% of your unpaid wages as liquidated damages. For example, if you are owed $1,000 in unpaid minimum wage and overtime, you can collect another $1,000, for a total of $2,000. If you win your case, you may also be able to collect reasonable attorneys’ fees and legal costs.
The quickest and easiest way to recover unpaid wages is often to file a wage claim with the Oregon Bureau of Labor and Industries (BOLI). BOLI handles claims for unpaid wages, including failure to pay minimum wage, overtime, promised vacation, or other benefits. To start your claim, you must complete a wage claim and mail it to BOLI’s offices. If your claim does not involve minimum wage or overtime violations, you must file it within six months from the date of your termination and within one year from the date the violation first occurred.
Otherwise, the following deadlines typically apply to wage and hour violations:
BOLI has a separate filing procedure for other wage and hour violations, including failure to provide meal and rest breaks, unauthorized deductions from wages, and failure to provide a final paycheck. To start a claim, you must file a wage and hour complaint online or mail a copy of the form to BOLI’s offices. Complaints about paid sick leave are handled separately, by filing a sick time complaint form with BOLI. Both of these complaint forms must be filed within 180 days of the first time the violation occurred.
As you can see, there are multiple deadlines that may apply, depending on what type of claim you have. To ensure that your claims are not time-barred, it’s best to file your claim or lawsuit as soon as you know your employer has violated your wage rights.
You don’t need to hire a lawyer to file a claim with BOLI, although you may do so if you wish. Filing a lawsuit in court is a much more complicated process though, so you should consider hiring an employment lawyer. This option would make sense if you are claiming a large amount in unpaid wages. If you’re not sure which is the best route for you, consult with a lawyer first.
]]>Employees must be paid the highest minimum wage that applies where they work, whether that’s the federal, state, or local rate. Colorado's state minimum wage of $12.00 (in 2020) is higher than the federal minimum wage of $7.25. If the city or county where you work has an even higher minimum wage, you are entitled to that amount.
To calculate your unpaid minimum wage claim, take the difference between what you were actually paid per hour and what you should have been paid per hour. For example, if your employer paid you $2 less than the minimum wage for 100 hours of work, you would be entitled to $200.
If you receive tips at your job, your employer can pay you a lower hourly wage, as long as you make enough in tips to bring your hourly compensation to at least the state minimum wage. In Colorado, employers may take a tip credit of up to $3.02. For 2020, this means that employers may pay tipped employees $8.98 per hour. However, if an employee doesn’t earn enough in tips to earn at least the state minimum wage, the employer must pay the difference. To learn more on these rules, see Colorado Laws for Tipped Employees.
Failing to pay the overtime premium is one of the most common wage violations by employers. Colorado employees are entitled to overtime if they work more than 40 hours in a workweek, more than 12 hours in a day, or more than 12 consecutive hours (if, for example, those hours span two calendar days).
Not all employees are entitled to earn overtime, however. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to receive overtime.
If your employer has failed to pay you for overtime hours, your unpaid wages are the difference between what you should have been paid and what you were paid. For overtime hours, employees are entitled to time-and-a-half. This means that you’re owed an extra 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $16 an hour, you should be paid $24 an hour for overtime work.
Example: Roman works the night shift at a manufacturing plant, 9 p.m. until 5 a.m., four days week. On his last workday of the week, his manager asks him to work a double shift. Roman works another eight hours past his 5 a.m. stop time, until 1 p.m. Although he only worked 40 hours for the week, he worked 16 consecutive hours due to the double shift. He is entitled to overtime pay for every hour after the first 12, or four hours of overtime.
Federal law doesn’t require employers to let employees take meal or rest breaks during the workday. However, Colorado law gives most employees the right to take an unpaid 30-minute meal break once they have worked five hours. Colorado employees are also entitled to a paid, ten-minute rest break for every four hours (or major fraction of four hours) worked.
If your employer fails to pay you for shorter breaks, or makes you work through your meal break, you may be entitled to be paid for that time. Under federal law, employees must be paid for:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above 40 per workweek.
Federal and state law give employees the right to collect penalties in addition to the wages they should have been paid, if they win their administrative claims or lawsuits. Some of these penalties are described below; additional penalties may be available under state or local law.
Federal law gives employees the right to ask for liquidated damages for overtime and minimum wage violations. Liquidated damages are intended to compensate you for financial losses that are difficult to measure, such as fees you may have had to pay for bounced checks, late charges, and so on. If you win a lawsuit or an administrative hearing, you can receive liquidated damages in an amount equal to your unpaid wages. For example, if your employer failed to pay you $2,000 in overtime pay, you can be awarded $2,000 in unpaid wages and $2,000 in liquidated damages, for a total recovery of $4,000.
Colorado law also provides for penalties if you don’t receive your final paycheck on time (or your final paycheck doesn’t include everything that you’re owed). Colorado sets certain time limits by which your employer must provide your final check. If you are fired or laid off, your employer must provide your final paycheck immediately, or if your payroll office is already closed, within six hours after the start of the next work day (if the payroll office is on-site) or within 24 hours ( if the payroll office is off-site). If you quit, you must receive your final paycheck by the next regularly scheduled payday.
If you don’t receive your final check on time, you may send a written demand for it to your employer. If your employer doesn’t provide the check within 14 days of receiving your written demand, you can be awarded the larger of either:
If your employer’s failure to provide your final paycheck is willful, the penalty is increased by an additional 50%.
If your employer failed to pay you all of the wages you earned, you can either file a wage complaint with the Colorado Department of Labor and Employment (CDLE) or file a lawsuit in court. (Colorado has posted its wage claim form—called a Request for Mediation: Wage and Labor Law Complaint Form—online.)
If you aren’t comfortable filing your own complaint or you want to go straight to court, talk to an experienced Colorado wage and hour lawyer about representing you. A lawyer can file a wage claim for you with the CDLE or file a lawsuit in court. If you win, your attorney can ask the judge to make your employer pay for your attorneys’ fees.
Whether you plan to file a wage claim or hire an attorney to represent you, you should move quickly. In Colorado, you have only two years to file your wage claim or your lawsuit based on state or federal wage laws. This means that you can’t claim any wages that were due more than two years before you file your claim or lawsuit. If your employer’s violation was willful, you have three years to file your claim or lawsuit. An attorney can tell you if you have any other claims, such as a breach of contract claim, to which different time limits typically apply.
]]>The minimum wage in Texas is the same as the federal minimum wage: $7.25 per hour. Employees who regularly receive tips may be paid a lower minimum wage, as long as they earn enough in tips to make the minimum wage for each hour worked. (To learn more, see our article on how tipped employees are paid in Texas.)
If you didn’t receive the minimum wage in Texas, you can collect unpaid wages from your employer. To calculate the amount due, take the difference between your hourly rate and the minimum wage. Then, multiply that amount by the number of hours worked. For example, suppose you worked full-time and received $6.25 per hour for the first 12 weeks of 2017. You can collect the difference of $1 per hour ($7.25 - $6.25) for 480 hours (40 hours x 12 weeks), for a total of $480.
Consistent with federal law, Texas employers must pay employees time-and-a-half when they work more than 40 hours in a work week. (Exempt employees are not entitled to overtime pay. To learn more, see our article on which employees are exempt from overtime.)
If you didn’t receive the overtime rate, you can collect 50% of your regular rate per hour. For example, suppose you worked 50 hours during the week but only received your regular hourly rate of $10 per hour (for a total of $500). The last ten of your hours should have been paid at the overtime rate of $15 per hour. So you should receive the difference of $5 per hour ($15 - $10) for ten hours, for a total of $50 extra per week.
Unlike some other states, Texas does not require employers to provide meal or rest breaks to employees. Federal law does not require either type of break either. (For more information, see our article on Texas meal and rest breaks.)
However, if a Texas employer chooses to provide breaks, federal law requires that all breaks of 20 minutes or less be paid. And, if you’re required to do any work during a break—even sitting at your desk to wait for a phone call or delivery—you must be paid for that time.
To calculate your unpaid wages, add up:
This time counts are hours worked, for which you must be paid. If the additional time results in overtime, you must be compensated at your overtime rate.
Texas employers must also follow several other wage and hour requirements under federal and state law. Here are some other common wage violations by employers:
In Texas, employees with minimum wage or overtime claims can collect an additional sum called “liquidated damages.” Liquidated damages are intended to compensate you for the delay in payment of your wages. You can collect 100% of your unpaid wages as liquidated damages. For example, if you are owed $1,200 in unpaid minimum wage and overtime, you can collect another $1,200, for a total of $2,400.
In some cases, you can also collect the following if you win your case:
The quickest and easiest way to recover unpaid wages is typically to file a wage claim with the Texas Workforce Commission (TWC). The TWC handles various wage violations, including minimum wage violations, overtime violations, unauthorized deductions, unpaid bonuses, and unpaid commissions. The TWC will investigate your claim, make a decision, and help you recover any wages that are owed.
To start your claim, you must complete a Wage Claim and mail or fax it to the TWC. You must file your wage claim within 180 days after your wages became due. The TWC provides a tutorial on how to fill out the wage claim form.
Alternatively, you may file a lawsuit in court to collect your unpaid wages. Filing in court is a much more complicated process though, so you should consider hiring an employment lawyer. This option would make sense if you are claiming a large amount in unpaid wages. You can also hire a lawyer to represent you before TWC, although it is not a requirement. If you’re not sure which is the best route for you, consult with a lawyer first.
]]>In a wage claim, you can collect wages that your employer failed to pay, for things like overtime, commissions and bonuses, travel time, business expenses, meal and rest breaks, unauthorized deductions from your paycheck, and delays in providing your final paycheck.
To find out whether you have grounds for a wage claim, and how much you might receive, select your state from the list at Wage and Hour Laws by State.
To initiate your claim, you must file an "Initial Report or Claim" (Form 1) with the DLSE. You can find the form, along with instructions, at the DLSE's How to File a Wage Claim page. The DLSE website also provides helpful information on what documents to attach, where to file, and more.
After you file your claim, it will be assigned to a Deputy Labor Commissioner. The Commissioner will make an initial decision as to whether your claim should be dismissed, assigned to a settlement conference, or scheduled for a hearing.
A claim will be dismissed if the DLSE has no authority to hear the allegations (for example, because your claim alleges discrimination rather than unpaid wages). You will be notified if your case is dismissed.
If your case is referred to either a conference or a hearing (or in many cases, both), you should receive a notice with that information within 30 days of filing the claim.
The purpose of a conference is to try to resolve your claims informally, without holding a hearing. At the conference, the Deputy Labor Commissioner will talk to you and your employer to find out whether a settlement is possible.
The Commissioner can’t force you and your employer to settle the claim. If you don’t reach an agreement, the claim will either be referred to a hearing or dismissed (if the DLSE decides it has no authority to hear it).
If your employer doesn’t appear at the conference, your claim will likely be referred to a hearing. However, if you don’t appear at the conference, your claim will likely be dismissed, unless you have good cause for missing it.
The conference may start out with all of you meeting in the same room to discuss the issues in dispute. The labor commissioner will then put you and your employer into separate rooms, and go back and forth to discuss the issues and communicate settlement offers. The process usually takes at least a couple of hours, unless it’s clear that you can’t reach a settlement agreement.
The settlement conference is not an evidentiary hearing, so you don’t need to bring any witnesses to testify. However, you should bring copies of any documents you have in support of your claim.
You should also come prepared with an idea of how much you are entitled to under the law—including unpaid wages and penalties—and what you are willing to settle for. (For more information on this topic, see What’s Your Unpaid Wage Claim Worth in California?)
If you and your employer can’t reach an agreement at the settlement conference, your case will be scheduled for an evidentiary hearing. The hearing will take place at the DLSE’s offices, in a labor commissioner’s office or a conference room. A hearing is kind of like a trial, only much less formal.
The hearing usually begins with an opening statement from the labor commissioner. After that, you will have an opportunity to present your case. The labor commissioner may also ask you questions throughout this time to clarify things.
You should bring three sets of all of your documents (including originals)—one for you to reference, one to submit as evidence to the labor commissioner, and one for your employer.
You have the right to be represented by an attorney at the hearing, as does your employer. If you don't show up for your hearing, the Commissioner will probably dismiss your claim unless you have a very good reason for missing it.
You should also bring any witnesses who can support your claim. For example, if you are claiming that your employer owes you unpaid tips, you could bring a coworker who will testify that your employer routinely kept tips left by customers.
Once you are done presenting your evidence, your employer will have a chance to present its defense. Your employer might submit documents or bring witnesses to testify, such as a supervisor who set your hourly rate of pay.
You will have an opportunity to question these witnesses as well, so come prepared with a list of questions. You should also make notes as the witnesses testify, which you can reference when it’s time for you to question them.
The Labor Commissioner will review all of the evidence and mail a written decision to you and your employer, usually within a few weeks. The decision will state whether you’re entitled to payment from your employer, and if so, when payment is due. If you’re not happy with the decision, you have the right to appeal. Be sure to read the decision carefully, as the deadlines for filing an appeal are very short (typically within 10 days).
If you lose at the hearing stage or you believe you should have been awarded more money, you may file an appeal with the California Superior Court. You have only ten days to appeal the decision. The decision will explain how, when, and where to file an appeal.
You are allowed, but not required, to have an attorney represent you at any stage of the wage claim process. The process is designed to be accessible to workers, so in many cases, it may be worthwhile to represent yourself. This is especially true if your claim is small or very straightforward—for example, if you are claiming only a few weeks’ worth of overtime pay or your only claim is for clearly unauthorized deductions.
However, if you have a large or complicated claim—for example, you are claiming minimum wage or overtime violations over the span of many months—you should consider hiring a lawyer. This is especially true if your employer is claiming that you are an independent contractor or exempt employee who is not entitled to minimum wage or overtime, as these issues can become very complicated. For more on this topic, see Unpaid Wages: Do You Need a Lawyer?
]]>If your employer has failed to pay your properly or in a timely fashion, you may be entitled to recover not only your unpaid wages, but also penalties intended to punish your employer for wage violations.
Employees must be paid at least the minimum wage for each hour worked. You are entitled to be paid the highest applicable minimum wage where you work, whether that's the federal, state, or local rate.
Because Louisiana doesn’t have its own minimum wage law, employees in Louisiana are entitled to the federal minimum wage of $7.25 per hour. If the city or county where you work has a higher minimum wage, you are entitled to that amount.
To calculate your unpaid minimum wage claim, simply take the difference between what you were actually paid per hour and what you should have been paid per hour, and then multiply that amount by the total number of hours you worked. For example, if your employer paid you only $6 an hour for five weeks of full-time work, you would be entitled to an additional $1.25 an hour times 200 hours (40 hours × 5), or a total of $250.
If you receive tips as part of your compensation, your employer can pay you as little as $2.13 an hour, as long as you earn enough in tips to bring your total hourly earnings up to at least the minimum wage. If not, your employer must pay you the difference. To learn more, see Louisiana Laws for Tipped Employees.
Failing to pay employees properly for overtime is one of the most common wage violations by employers. Under federal law, Louisiana employees are entitled to overtime when they work more than 40 hours in a workweek.
Not all employees are entitled to earn overtime, however. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to receive overtime.
If your employer has failed to pay you for overtime hours, your unpaid wages are the difference between what you should have been paid and what you were paid. For overtime hours, employees are entitled to time-and-a-half. This means that you're owed an extra 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $9 an hour, you are entitled to $13.50 and hour for overtime.
Example: Claire works four eight-hour shifts each week at a department store (32 hours). If she has to stay a couple of hours late one night, she isn’t entitled to overtime because she hasn't worked more than 40 hours in the week. However, if she picked up two extra eight-hour shifts for the week, for a total of 48 hours, she would be entitled to eight hours of overtime.
Neither federal nor Louisiana law gives employees the right to take meal or rest breaks during the workday. However, if your employer provides you with breaks, you must be paid for:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the week above 40.
In addition to being on the hook for your unpaid wages, Louisiana employers can also be required to pay liquidated damages. Liquidated damages are intended to compensate you for financial losses that are difficult to measure.
An employee who wins a minimum wage or overtime case in court can be awarded liquidated damages in an amount equal to his or her unpaid wages. For example, if your employer failed to pay you $1,600 in overtime, you would be entitled to an additional $1,600 in liquidated damages, for a total of $3,200.
Louisiana law requires employers to give employees their final paychecks within 15 days after the employment relationship ends, or on the next regularly scheduled payday, whichever is sooner. (This rule applies whether the employee quits or is fired or laid off.) If your employer doesn’t meet this deadline, you can be awarded a penalty of one day’s wages for every day your employer is late, up to 90 days.
If your employer failed to pay you all of the wages you earned, you can either file a complaint with the Wage and Hour Division of the U.S. Department of Labor or file a lawsuit. Louisiana doesn’t have its own state enforcement agency.
If you aren’t comfortable filing a complaint by yourself, or you want to file a lawsuit, talk to an experienced Louisiana wage and hour lawyer. A lawyer can file a wage claim on your behalf or file a lawsuit in court seeking to collect your unpaid wages. If you win your lawsuit, your attorney can ask the judge to make your employer pay your attorneys' fees.
Whether you plan to file a wage claim or hire an attorney to represent you, you should move quickly. If you are filing a federal wage claim or lawsuit, you have two years from the date your employer violated the FLSA or the date you learned of the violation. If your employer violated the law willfully, you have three years to file a claim or lawsuit.
If you are suing over your employer’s failure to provide your final paycheck on time, you have three years to file. An attorney can also tell you if you have any other claims, such as a breach of contract claim, to which different time limits typically apply.
]]>Employees must be paid at least the minimum wage per hour. You are entitled to the highest minimum wage that applies where you work, whether that's the federal, state, or local rate. The Illinois minimum wage is $8.25 an hour. Because this is higher than the federal minimum wage of $7.25, Illinois employees are entitled to the state minimum wage. If the city or county where you work has a higher minimum wage, like Chicago, you are entitled to that amount.
To calculate your unpaid minimum wage, take the difference between what you were actually paid per hour and what you should have been paid per hour. For example, if your employer paid you the federal minimum wage rather than the state minimum wage for your first two weeks of full-time work, you would be entitled to an additional $1 ($8.25−$7.25) times 80 hours (40 hours × 2), or $80.
If you receive tips at your job, your employer can pay you a lower hourly wage, as long as your tips bring your wages up to the state minimum wage. In Illinois, employers may pay tipped employees as little as $4.95 an hour. However, if you don't make enough in tips to earn at least the minimum wage, your employer must pay the difference. To learn more, see Illinois Laws for Tipped Employees.
Failing to pay the overtime premium is one of the most common wage violations by employers. In Illinois, employees are entitled to overtime if they work more than 40 hours in a workweek.
Not all employees are entitled to earn overtime for extra hours, though. While hourly, nonexempt employees have a right to overtime, other categories of employees are exempt. The most common exemptions are for outside salespeople and “white-collar” employees who do professional, managerial, and high-level administrative work (see our overtime page for more details and exemption categories). Unless your employer can prove that you fit into one of these narrow exemptions, you are entitled to receive overtime.
If your employer has failed to pay you for overtime hours, your unpaid wages are the difference between what you should have been paid and what you were paid. For overtime hours, employees are entitled to time-and-a-half. This means that you're owed an extra 50% of your hourly rate, on top of your regular pay. For example, if you are usually paid $10 an hour, you must be paid $15 an hour for overtime work.
Example: Betsy is a cashier at a grocery store, earning $11 an hour. She usually works 40 hours a week, but picks up an extra eight-hour shift one week to fill in for a coworker who is ill. For that week, Betsy is entitled to be paid $11 an hour for 40 hours of work ($440) and $16.50 an hour for eight hours of work ($132), for a total of $572.
Illinois law requires employers to provide employees with a 20-minute unpaid meal break to employees who work at least seven-and-a-half hours. Employees are entitled to take this break no later than five hours after their shifts start.
Federal law does not require employers to provide meal or rest breaks during the workday. However, if your employer chooses to give you time off during the day, you must be paid for:
To calculate your unpaid break wages, add up how much time you spent on shorter breaks that should have been paid or breaks that you had to work through. Multiply this extra time by your hourly rate. And don’t forget overtime: Breaks for which you should have been paid count as hours worked, which means they may push your total hours for the workweek above 40.
Federal and state law give employees the right to collect penalties, in addition to the wages they should have been paid, if they win their administrative cases or lawsuits. Some of these penalties are described below; additional penalties may be available under state or local law.
In Illinois, you are entitled to receive your final paycheck (including all accrued, unused vacation time) on the next regularly scheduled payday after your employment terminates. If your employer fails to provide your final paycheck on time, you can be awarded a penalty of 2% of your final wages for every month you remain unpaid. If your employer is ordered to pay your final wages by the Illinois Department of Labor, and your employer doesn't do so within 15 days, you can collect 1% of your final wages for each day that your employer is late.
If your employer violates state minimum wage or overtime laws, you can also request a penalty of 2% of your unpaid wages for each month your wages remain unpaid. If your employer violates federal minimum wage or overtime laws, you can request liquidated damages: an award intended to compensate you for financial losses caused by your employer's actions that are difficult to measure. You can receive liquidated damages in an amount equal to your unpaid wages. For example, if your employer failed to pay you $1,800 in overtime, you would be entitled to an additional $1,800 in liquidated damages, or $3,600 total.
If your employer failed to pay you all of the wages you are owed, you can file a wage claim with the Illinois Labor Department. The Illinois Labor Department allows you to file a wage claim online. In general, you must file your wage claim within one year after your employer violates the law.
If you choose to file a lawsuit in court, the time limits depend on your claim and situation. Minimum wage and overtime claims brought under state law must generally be filed within three years. Under federal law, you have two years to file claims for overtime or minimum wage violations; however, if your employer violated the law willfully, the time limit is extended to three years. For claims involving your final paycheck, the time limit is ten years.
However, additional deadlines and exceptions may apply to your situation. For example, you may also have a breach of contract claim, in which case different time limits apply. To make sure that you file your claims on time, speak with an experienced Illinois wage and hour lawyer. A lawyer can help you decide on the best course of action. And, if you win your lawsuit, your attorney can ask the judge to make your employer pay your attorneys' fees.
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