Attorneys James T. Carey and P. Zachary Stewart

Pursuing your Claims. Protecting your Rights.

You may be able to file a FSLA violation claim

On Behalf of | Apr 9, 2021 | Overtime And Wage Issues

Residents and workers in West Virginia may want to know more about the process for filing wage and hour claims if their employers have not complied with the law. This may be in regard to wages, hours, and other conditions. The Wage and Hour Division of the U.S. Department of Labor enforces the laws of the Fair Labor Standards Act (FLSA).

You worked long and hard hours and deserve to receive fair pay for your time and efforts as well as hours spent away from home and family. Knowing the law will work in your advantage. According to workplace fairness, it’s a violation of the law to fire or discriminate against anyone who files a complaint.

You can recover unpaid minimum and/or overtime wages under FSLA

Although states may have different remedies for those filing a violation, you may still recover. Some of the methods include the following:

  • Payment of back wages supervised by WHD
  • Suit for back wages through Secretary of Labor
  • Private lawsuit by employee
  • Injunction by Secretary of Labor

How long do you have to file a complaint?

You should not delay in this action for wage and hour claims. Filing a complaint within two years of the violation for which you are claiming back wages is the rule. In the case of an employer’s willful violation, a three-year statute applies for the filing of the complaint.

This complaint is in accordance to the provisions of the FSLA. You may go directly to the WHD (Wage and Hour Division of the Department of Labor) or hire an attorney to proceed with a lawsuit in court. Just remember that there are time limits for filing, such as the two-year period when you are claiming a violation regarding wages.

If you or a loved one have not received fair pay for your hard work, it may now be time to consider and to begin acting on a claim for violation of FSLA. An attorney with experience in this type of law may be your best ally in pursing and filing a claim. After all, you want to make your time and labor account for something without feeling you are being taken advantage of.