Attorneys James T. Carey and P. Zachary Stewart

Pursuing your Claims. Protecting your Rights.

How to obtain back pay from your employer

On Behalf of | Jul 6, 2021 | Overtime And Wage Issues

If you work more than 40 hours in a single workweek, you might be entitled to overtime pay. Your overtime rate is 150% of your average hourly wage. Therefore, if you typically made $7 an hour, your West Virginia employer would be required to pay an overtime wage of $10.50 per hour. There are several actions that you might be able to take if you are not paid properly for all hours worked in a given week.

Was a mistake actually made?

The first thing that you’ll want to do is review your payment information to ensure that you have correctly calculated your hours for the week. It’s important to note that lunch breaks generally don’t count for the purposes of this calculation. Furthermore, if you work a shift that covers both Saturday night and Sunday morning, some of the hours worked during that shift may be applied to the following pay period.

Tell your employer about the mistake

If you’re sure that you calculated your hours properly, the next step is to have a conversation with someone within the organization. It’s possible that a simple accounting error was the reason why you didn’t receive overtime pay on your most recent paycheck. Even if your boss willfully miscalculated your earnings in a given pay period, he or she may rectify the problem if you say something in a timely manner.

Take your employer to court

There is a chance that an informal conversation won’t be enough to obtain the money that you are owed. Therefore, it may be worthwhile to contact an attorney who is familiar with federal wage law. It’s possible that he or she will be able to settle your claim without the need to appear in front of a judge. However, if necessary, an attorney may be able to represent your interests in court.

If you believe that your employer is withholding your pay, it may be a good idea to speak with an attorney. He or she may resolve a wage law case in a timely, affordable and professional manner.