Employment disputes can arise in a variety of ways. One of the most common disputes involves the payment of wages. When it comes to compensation, there are certain laws that employers are required to follow. The law establishes minimum wage and overtime guidelines to ensure that workers are not exploited.
If you are not being properly compensated for the work you have completed, a Virginia wage disputes lawyer at the Spiggle Law Firm may be able to provide some insight into the issues you are facing. Our dedicated employment attorneys have experience holding employers accountable for violating wage and hour laws and can use that experience to help you.
Common Types of Wage Disputes
Wage disputes typically arise relating to the following matters:
Issues regarding unpaid wages are rarely straightforward. Determining whether there has been a violation of a federal or Virginia state employment law involves a careful factual and legal analysis of the situation. A wage disputes attorney in Virginia could fully evaluate the case to determine whether the claim is valid.
Wage and Hour Laws
The Fair Labor Standards Act (FLSA) governs most wage disputes in Virginia. The FLSA is a federal law that sets forth minimum wage and overtime guidelines throughout the country. Most Virginia employers are required to adhere to the rules and regulations established by the FLSA and most Virginia employees are protected under the FLSA. However, certain employees are exempt under the FLSA and therefore will not have the same rights as those employees who are non-exempt.
When wage disputes arise, determining whether an employee is exempt or non-exempt under the FLSA is crucial. A Virginia wage dispute lawyer at the Spiggle Law Firm could help analyze whether the FLSA applies in a given dispute and the employee’s rights under the law.
How to Handle a Dispute Claim in Virginia
When a wage dispute cannot be resolved informally by you and your employer, you may need to file a claim. If you have a claim for wages, the Wage and Hour Division of the U.S. Department of Labor or the Virginia Department of Labor and Industry will likely play a role in resolving your wage dispute.
To file a claim for wages, you will need to submit documentation to support your claim. Evidence of your hourly wage, salary, or commission, as well as the hours and days you have worked, may be important in the subsequent investigation of the claim.
What Happens if an Employer Retaliates?
Many employees are hesitant to initiate a wage dispute because of the potential backlash they could face from their employer. However, your employer cannot legally retaliate against you for asserting your rights for proper wage and hour laws.
Retaliation may involve different types of adverse action by the employer against the employee who has asserted their rights under wage and hour laws. If you have been terminated, harassed, punished, or demoted in response to initiating a wage dispute, your employer may face liability for retaliation.
Learn More from a Virginia Wage Disputes Attorney
Any type of dispute with your employer can be uncomfortable, especially when it involves money. Working with a Virginia wage dispute lawyer who could advise you of your rights can help you approach your disagreement with confidence. To learn more about our services, please click here for a no-cost review of your case.
