If you are an employee in Virginia and believe your employer owes you unpaid wages, you may be wondering about the value of your claim. Unpaid wages result from various factors, such as unpaid overtime, withheld paychecks, or minimum wage violations. With the help of an unpaid wage lawyer at The Spiggle Law Firm, we can build a case to recover unpaid wages and penalties intended to punish your employer for wage theft.
Your unpaid wage claim’s success and value may depend on whether your employer acted knowingly, deliberately, or recklessly against federal and state law. Consulting our experienced legal team can provide legal guidance throughout the legal process and help you determine how much your claim is worth.
Understanding Unpaid Wage Claims in Virginia
Before estimating the worth of your unpaid wages claim, it is essential to understand the types of unpaid wages that may be an issue in Virginia. Common scenarios may include the following:
- Minimum wages: The minimum wage in Virginia is $12 an hour, which is higher than the federal minimum wage of $7.25. To calculate your unpaid wages, subtract your pay per hour from what you should have been paid per hour. For example, if you were paid $8 an hour a week, you may be entitled to an additional $4 an hour for 40 hours or $160.
- Overtime: Failing to pay overtime is among the most common wage law violations. Under federal law, employees are entitled to overtime if they work more than 40 hours a week. If your employer failed to compensate you for overtime hours, you may be entitled to an extra 50% of your hourly wage. For example, if you are paid $12 an hour, you are entitled to recover time and a half, or $18 an hour.
- Unpaid breaks and time off: Although employers are not mandated to provide any meal or rest breaks in Virginia, if they choose to do so, they must pay for any short breaks during the workday and any breaks during which you must perform any work tasks. To calculate your unpaid break wages, add how much time you spent on breaks that should have been paid or breaks you had to work through and multiply extra time by your hourly rate.
Lastly, if your employer fails to pay you on time and in full, it is a violation of state and federal law. Speak with The Spiggle Law Firm for an assessment of your case to determine your best legal options.
3 Factors That Determine Claim Worth
The value of your unpaid wages claim depends on several key factors, including the following:
- The amount of unpaid wages: The primary factor is the total amount of unpaid wages you are owed. This is calculated by examining pay stubs, timecards, and other records.
- Duration of the violation: How long the unpaid wage violation persisted is a vital factor. For instance, a one-time violation may have a lower claim value compared to a pattern of wage violations spanning several years.
- Employer intent: If your employer knowingly and willfully violated wage laws, you may be entitled to additional damages and penalties.
There may be additional factors that influence the value of your unpaid wage claim. The Spiggle Law Firm can guide you through the legal process and represent your interests for a favorable outcome.
Speak With the Unpaid Wage Lawyers at The Spiggle Law Firm
If you believe your employer violated federal or Virginia wage laws, speak with the experienced unpaid wage lawyers at The Spiggle Law Firm. We provide invaluable legal guidance and support by fighting aggressively to recover your hard-earned income.