How to Address Wage Theft: Your Legal Options

As a loyal employee, you expect to be compensated for your work. Unfortunately, employers don’t always respect the hard work provided to them by their employees. Sometimes, this results in employers failing to pay their employees what they are owed. The official term for this is wage theft. If you are a victim of wage theft, it’s important to take the proper steps to recover what you are owed. In this article, we discuss your legal options following wage theft in Georgia. 

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that prohibits wage theft. Specifically, this law establishes standards regarding several key employment issues, including:

• Minimum wage

• Overtime

• Recordkeeping

• Child labor

Under the FLSA, employees are entitled to receive agreed-upon wages for the hours that they work. Employers who steal or withhold wages from employees can face legal consequences for doing so.

Legal Options

As an employee, you are entitled to receive the wages you have earned. If your employer has failed to pay you or is withholding wages, you have two primary options as detailed below. 

File a Complaint

One step you can take to address wage theft is to file a complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL). Before filing your complaint, you should gather relevant information and evidence, such as:  

• Your employer’s name and business address

• Your employer’s contact information

• Your manager’s name

• The business owner’s name

• The nature of your position

• How you are paid 

• How often you are paid

• Copies of your paystubs

• Records of the hours you have worked

If the DOL launches an investigation after you file your complaint, and your employer is found to have unlawfully withheld your wages, then the DOL can help you:

• Receive payment of your outstanding wages, 

• Settle your claim with your employer, or 

• File a lawsuit on your behalf.

File a Lawsuit

Depending on the circumstances, you may opt to file a lawsuit immediately instead of filing a formal complaint. This is sometimes the best course of action when attempting to recover unpaid commission or bonuses since those types of payments are not covered by the FLSA.  

To proceed with a lawsuit to recover the funds you are owed, you should gather the same types of information discussed above. When it comes to filing a civil lawsuit, the more detailed and accurate the information you can provide, the better. To ensure that you gather the correct types of evidence and present your case in the most effective and persuasive manner possible, it is highly recommended that you enlist the services of an experienced employment discrimination attorney.  

Contact an Employment Discrimination Attorney