Although West Virginia has very specific wage statutes and regulations, many employees are unaware of their rights regarding unpaid wages. It’s possible a negligent employer could try to take advantage of this lack of knowledge. The moment you suspect your rights have been violated, you’ll want to get in touch with a Charleston unpaid wages lawyer to learn about what you can do next.
The attorneys at DiPiero Simmons McGinley & Bastress, PLLC have helped many clients pursue these exact types of claims.
How DiPiero Simmons McGinley & Bastress, PLLC Can Help with Your Claim
The U.S. Department of Labor has created around 180 laws in support of workers. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC, have a deep understanding of these laws and when they have been violated.
We help clients understand the challenges of filing an unpaid wages claim. It is important that you have strong evidence that supports the claim. We help our clients gather that evidence, which can include documentation and witness testimony.
We have many years of experience negotiating with Fortune 500 companies and small businesses to reach fair settlements on behalf of our clients. Our goal is always to find a fast resolution that ensures our clients get what they are due for the work they’ve done. Most importantly, as employment lawyers who have specialized in this area, we provide support and guidance to ensure that our clients can make informed decisions about their options for retrieving unpaid wages.
We can explain those options in your initial free consultation.
Alarming Facts About Unpaid Wages
Employees being cheated out of wages is an all-too-common occurrence. According to data collected by the Economic Policy Institute, 17% of low-wage workers reported being paid less than the minimum wage. On average, many of these workers were being cheated out of $64 a week.
While that might not seem like a lot, over a year, it adds up to around $3,330. Multiply that by 15 employees, and that employer is pocketing around $50,000.
Here are some of the other alarming facts about unpaid wages:
- $700 million in unpaid wages was recovered for workers by the U.S. Department of Labor from 2021 to 2023
- $201.4 million in unpaid wages was recovered for workers from state departments of labor
- $15 billion is unpaid to workers annually
What Are Worker Rights in West Virginia?
The majority of employees in both private and public employment in the United States are protected under the Fair Labor Standards Act. Covered employees must be paid for all hours worked in a workweek. Compensable hours typically include all time an employee is on duty or at a prescribed place of work, as well as any time an employee is required or permitted to work.
Here in West Virginia, the state’s Division of Labor sets the regulations for all types of employers and spells out the rights of employees. When it comes to the wages you receive as payment for the work you do, you have rights. Those rights include the following:
- Minimum wage. While the federal minimum wage is $7.25, the minimum wage in West Virginia is $8.75 an hour. Applicable employees must be paid at least the minimum wage.
- Overtime and maximum hours. If an employee works more than 40 hours per week, overtime must be paid. Overtime pay is calculated at one and a half times the workers’ regular pay rate.
- Preparation time. Preparation time includes any time you spend getting ready for work while at work. An example would be putting on special safety gear.
- Meal periods and rest breaks. While federal law does not require employers to provide any meal or rest breaks during the workday, West Virginia labor laws require any employee who works a six-hour shift or longer to have the ability to take a 20-minute meal or rest break. The 20 minutes do not have to be provided in one block of time, but any break that’s 30 minutes or less must be paid.
In the event you do not receive a paycheck on your usual payday, keep a record of the hours you worked for that pay period. Ask your employer for an explanation to determine why you did not receive your paycheck. It’s possible that a clerical error was made, or there was a processing issue with the bank.
If, however, your employer does not intend to pay you, it’s time to get in touch with an unpaid wages attorney. They can help you look into the matter and file a claim, so you receive the wages you’re owed.
Who Is Eligible for Overtime Pay?
Missing overtime pay might be your primary issue with an unpaid wages claim, but before pursuing that aspect of the claim, you want to make sure you’re eligible for that overtime pay.
First, it’s important to note that you don’t get overtime for working more than 8 hours in a day.
Overtime pay only kicks in if you work beyond a total of 40 hours in a single workweek. For instance, if you work ten hours one day and six hours the next, that would balance out.
You also have to consider the type of employee who is eligible for overtime pay. Those workers include the following:
- An executive
- An administrator
- A creative professional
- A skilled employee who primarily works with computer software or hardware
- A salesperson who does not operate on your employer’s premises
- An independent contractor
- An agricultural worker
- Employee of the federal government
You would also be exempt from overtime if you’re over 62 and receive Social Security. If you are not on the exempt list, and missing wages are time-and-a-half pay for all hours worked beyond 40 hours in a single workweek, you should speak with an experienced Charleston unpaid wages lawyer.
How To File an Unpaid Wages Claim in Charleston
There are a number of situations that have the potential to result in an unpaid wages claim. In the event your employer does not attempt to rectify the situation when you bring the issue up, it’s time to seek legal guidance.
If you’ve experienced one of the following situations at work, you may be able to take legal action against your employer:
- Your employer hasn’t given you a paycheck for the hours you worked.
- Your last paycheck was shorted by several hours.
- Your employer paid you, but the check bounced.
- Your employer is not paying you the minimum wage.
- Your employer is not paying you overtime.
- Your employer won’t pay you the bonus you were promised.
- Your employer has filed for bankruptcy and has not paid you for all the time you worked.
Violations of wage and hour laws are rarely isolated incidents. Regardless of whether the violations are committed intentionally or due to a clerical error, issues have the potential to go on for years before an employee notices they’re being shortchanged.
If you choose to file a claim, you must do so within two years. You can bring an action in court to recover unpaid wages, as well as your attorney’s fees. Liquidated damages are calculated at twice the amount of the unpaid wages that are owed. Your lawyer will advise you on whether you will file through the state government or the federal government.
If you file in West Virginia, your complaint will go through the West Virginia Division of Labor. You’ll start by filling out a Request for Assistance (RFA) form.
If you file through the federal government, the Wage & Hour Division of the U.S. Department of Labor will investigate your case. An investigator will gather data on wages, hours, and other employment conditions or practices to determine if your employer has complied with the law.
What Compensation Can I Recover Through an Unpaid Wage Claim?
When you file an unpaid wage claim, your primary compensation will be the back pay that you are owed. That back pay should be for the hours that you worked and any overtime. You’re also entitled to the following:
Liquidated Damages
Depending on your situation, you could be entitled to receive double the unpaid wage amount. These would be considered your liquidated damages.
Attorney’s Fees
If you prevail in your lawsuit, the court may order that your employer pay all the legal expenses you incurred. You can also recover any additional legal expenses that were incurred as a result of your lawsuit.
Frequently Asked Questions About Unpaid Wages
If you have questions about your unpaid wages claim, you can get them answered in a consultation with DiPiero Simmons McGinley & Bastress, PLLC. We will help provide you with the information you need, starting with the answers to these frequently asked questions:
If I file an unpaid wages claim, can my employer fire me?
An employer is not allowed to lawfully terminate, suspend, or demote you to a lower-paying position if you file a complaint about unpaid wages. It is important that you document any example of retaliation or harassment.
Can I talk to my coworkers about their salaries?
Some employers would prefer that you not speak about your salary with coworkers. That could reveal discrepancies that can lead to an unpaid wages complaint. Under the Equal Pay Act, your employer can’t prevent you from discussing salary with your coworkers. Those discussions are considered a “protected activity.”
Can the West Virginia Division of Labor collect unpaid wages for independent contractors?
No. The money earned by independent contractors is not considered wages. However, you could file an unpaid wages complaint in civil court with the help of an attorney.
Can I sue my employer if they reduce my hourly rate of pay?
You won’t be entitled to sue your employer for a salary reduction provided that they provide you with notice with a full pay period. For example, they can’t reduce your pay until you’ve been paid at your existing rate for one pay period. So, if you get paid every Friday, you would receive this week’s salary and then be notified of the reduction.
When should I receive my final wages?
Whether you quit or were fired, your final wages must be paid on or before your next regular pay day.
Get Support from a Skilled Charleston Unpaid Wages Lawyer
If you’ve been taken advantage of by your employer and have not been properly paid, an experienced Charleston unpaid wages lawyer at DiPiero Simmons McGinley & Bastress, PLLC can help. While filing a complaint can seem complex, we can help break down the challenges and what you need to consider moving forward with your claim.
It is important to note that we can’t guarantee an outcome. However, we only take on cases that we are confident we can prevail in. You’ll be kept informed about the progress of your claim and what you can expect in terms of resolution.
The sooner you get in touch with an attorney from our office, the better your chances are of claiming that money and ensuring future wages are correct.
To learn more or schedule a complimentary initial consultation to receive personalized legal advice, please contact us today.
