Not getting paid can be extremely frustrating and cause you financial strain. You work expecting to get paid, and the paycheck does not come; therefore, you need to do everything you can to collect that money. Fortunately, there are laws in place that are enforced by the Department of Labor’s Wage and Hour Division, or WHD. This agency implements the Fair Labor Standards Act to help employees get their money.

Make sure you keep a record of the hours you worked. If you were shorted on your paycheck, first, go to your employer to see if there was just a simple mistake. There could have just been a processing error, or your bank could have made a mistake. If that does not remedy the solution, you will need to file a complaint.

The WHD will investigate your complaint. All complaints are confidential, so your name and reason for the claim are not revealed unless you give permission. To file a complaint, you will need to include the following:

1. Your name
2. Your address
3. Your phone number
4. Name of your employer
5. Location of your employer
6. Name or your supervisor or owner
7. What did you do at that company?
8. When were you paid and how?

In some cases, you might be asked to submit other paperwork, such as pay stubs or hours worked. You will need to sign the form stating that everything is true and accurate. It is against the law for your employer to terminate you because you filed a complaint. If your employer has filed for bankruptcy, a wage claim cannot be investigated. You will probably need to contact the bankruptcy court for help.

After you have filed a claim, the WHD will send a letter saying that they have received your claim. The letter will inform you of the next steps in the process. The WHD will contact your employer to inform him that a wage claim has been filed. He will be send a copy of the claim and a form in which he can respond.

The process the WHD will take to investigate the claim includes:

1. A meeting between the WHD and your employer to get information about your pay
2. A review of the company’s financial records to determine what laws apply to the business
3. A review of the company’s payroll records
4. Confidential meetings with other employees to verify duties, time, and payroll records; these meetings can occur at a home, by phone, or by an email form.
5. After the investigation is complete, your employer will be told if he violated any laws. If he owes you money, he will be asked to pay you.

To recover back wages and make sure you get paid, the Fair Labor Standards Act ensures that:

1. The WHD makes sure you get your payment in a reasonable amount of time.
2. A suit for back wages could be filed against your employer.
3. You can file a private suit against your employer for the money he owes you plus attorney’s fees and other costs.
4. The Secretary of Labor could get an order to prevent anyone for violation of the Fair Labor Standards Act, including keeping you from getting paid.

It is against the law for an employer to retaliate against you in any way for filing a suit against the company. If you have been paid the money you owe, you cannot file a private suit against the company. There is a statute of limitations of 2 years unless the employer knowingly withheld your pay and it is 3 years.

If an employer knowingly kept your pay from you, he could face civil consequences, or he could be forced to pay a fine up to $1000. In some cases, criminal prosecution could occur, and the fine could be up to $10,000. If the business repeats these offenses, he could face jail time.

It is unfair for you to work and then not get the pay that you deserve. If you feel as if your employer owes you money in back pay, take the necessary steps to ensure that you will get the money. It might be a good idea to hire a lawyer to help you with the process. You can then get your money and focus on your work.