Why Employment Lawyers Are Essential for Unpaid Wages Claims

When an employer fails to pay you the wages you’ve earned, it can create significant financial stress and hardship. Whether it’s unpaid overtime, minimum wage violations, or withheld commissions, unpaid wages are a serious issue that employees should not have to endure. Fortunately, employees have legal rights to fair pay under both federal and state laws, including the Fair Labor Standards Act (FLSA), state wage laws, and employment contracts.

If you’re facing issues with unpaid wages, consulting an employment lawyer is crucial. Employment lawyers specialize in wage and hour disputes, and they can help you navigate the legal system, recover unpaid wages, and ensure that your rights are protected. At Castronovo & McKinney, LLC, we understand the challenges of unpaid wages claims and are here to help. In this article, we will explain why employment lawyers are essential for unpaid wages claims and how they can help you secure the compensation you deserve.

What Constitutes Unpaid Wages?

Unpaid wages refer to any amount of money an employer owes an employee for work performed but has not paid. Some common examples of unpaid wages include:

• Unpaid Overtime: Employees who work more than 40 hours a week are entitled to overtime pay, typically at 1.5 times their regular hourly rate. Many employers try to avoid paying overtime by misclassifying workers or underreporting hours worked.
• Unpaid Minimum Wage: Employers are required to pay employees at least the federal or state minimum wage. If you are being paid less than the legally required minimum wage, your employer is violating wage laws.
• Unpaid Commissions or Bonuses: Salespeople, waitstaff, and other employees may rely on commissions or tips as part of their income. Employers cannot withhold these earnings without a valid reason.
• Unpaid Travel Time: If your job requires you to travel for work, your employer must compensate you for the time spent traveling between work locations or from home to the job site, especially if you’re required to be on-call during that time.
• Unpaid Break Time: Some employers fail to compensate workers for mandatory breaks, or if they ask employees to perform tasks during break time, they may be violating wage and hour laws.
• Improper Deductions: Employers cannot make deductions from your paycheck for things like uniforms or equipment unless you’ve agreed to it. Such deductions cannot reduce your wages below the minimum wage or overtime pay you’re owed.

Why You Need an Employment Lawyer for Unpaid Wages Claims

While wage and hour violations are common, many employees are unsure about how to assert their rights or are afraid of retaliation. An employment lawyer can make all the difference when it comes to recovering unpaid wages and ensuring your employer complies with the law. Here are several ways an employment lawyer can help you with an unpaid wages claim:

• Understanding Your Rights: Employment lawyers can explain your rights under federal and state wage and hour laws, including the Fair Labor Standards Act (FLSA) and state-specific wage laws. They can also explain whether you are eligible for unpaid wages, overtime, or other types of compensation.
• Investigating Your Claim: An experienced lawyer will review your pay stubs, timesheets, job description, and any communications with your employer to determine whether you are entitled to unpaid wages. They will also help gather any necessary evidence, such as emails, performance reviews, and witness testimony, to support your case.
• Filing Claims with Government Agencies: If your employer refuses to pay you the wages you’re owed, your lawyer can assist you in filing a wage claim with the U.S. Department of Labor (DOL), your state’s labor board, or any other relevant agency. They will ensure that your claim is filed correctly and within the proper timeframe to avoid any delays.
• Negotiating a Settlement: Many wage disputes can be resolved without litigation. An employment lawyer can negotiate with your employer on your behalf to secure a settlement that compensates you for your unpaid wages, overtime, and any damages you’ve suffered. Lawyers with experience in wage and hour cases know how to handle these negotiations effectively.
• Litigating Your Case: If a settlement cannot be reached, your lawyer will take your case to court. They will represent you in litigation, presenting your case before a judge or jury, and helping you seek the unpaid wages, overtime, and any other damages you are entitled to. Employment lawyers have the expertise to litigate complex wage and hour disputes and maximize your chances of success.
• Ensuring Protection Against Retaliation: If you face retaliation for pursuing an unpaid wages claim, such as being fired or demoted, your employment lawyer can help protect you from illegal actions by your employer. Retaliation is illegal, and your lawyer will work to ensure that you are not punished for asserting your rights.

Why Choose Castronovo & McKinney for Your Unpaid Wages Claim?

At Castronovo & McKinney, LLC, we have a proven track record of success in handling unpaid wages claims. Our team of experienced employment lawyers is dedicated to ensuring that employees are paid fairly for the work they perform. Whether you’re facing overtime violations, misclassification issues, or other wage and hour disputes, we have the knowledge and resources to help you recover the compensation you deserve.

We understand how stressful wage and hour violations can be, and we are committed to protecting your rights. Our attorneys will fight for you every step of the way, whether through settlement or litigation, to make sure you are compensated fairly. We also ensure that your case is handled with the highest level of professionalism, discretion, and compassion.

If you believe you are being denied fair pay for your work, don’t hesitate to take action. Contact Castronovo & McKinney today to schedule a consultation with one of our experienced employment lawyers. We will evaluate your case, explain your options, and help you recover the wages you’re owed.

For assistance with unpaid wages or any wage and hour dispute, contact Castronovo & McKinney, Employment Law Attorneys today. Our experienced team is here to help you fight for fair pay and ensure that your rights are protected.

Contact Us

Visit our offices in Morristown, NJ or New York, NY, or call us to schedule a consultation with one of our experienced employment lawyers. We are here to help you with unpaid wages claims and wage and hour disputes.

New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924

New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781