It is a known fact that an employer pays a fixed amount as per the employment contracts on a monthly basis. If you have worked overtime, you are eligible to get extra pay as per the contracts and agreement. Many times, an employer fails to do so and the employee does not get the right amount, he may feel offended and cheated. In such an event, he can file a suit against the employer with the help of a Virginia employment attorney. In many cases, the employer has to pay more money to compensate for mental trauma, time wasted and penalties.
Minimum wage
Every employer hires the employee based on his skills and pays at a minimum agreed upon amount. This minimum wage is decided based on federal and state laws. If the wage is higher than the minimum wage, the employer and employee must agree upon and the employer has to pay for the amount. The salary or wage is clearly mentioned in the offer letter at the time of joining the company. If the employer fails to do so, the employee can file a lawsuit for the damages done to him.
Working overtime
If the employer assigns you a task that requires you to spend extra hours in the office, he will have to pay more than the minimum wage or the salary mentioned in the offer letter. As per federal laws, the employee should be paid for all those hours for which he has worked extra. If an employer fails to pay that much amount, the employee has the right to seek legal help.
Damages
The payment, which the employee gets after filing for a lawsuit, is called damages. An employee can win the case successfully if the employer falls in the following categories:
-
- Unpaid wages– The employer has to pay the amount as per the working hours of the employee for which he is entitled. This may include the overtime pay if the employer has only paid you the regular pay. The employer would pay the remaining amount after successful winning of the case by the employee.
- Interest– The employer might have to pay for the interest as set by the federal laws, which might have been accumulated over a period of time.
- Penalties- In some cases, the court may ask the employer to pay the penalties for which the employee has waited.
An attorney is the one who can guide you in making the claims.
