When employers fail to pay wages properly, the employee or worker could take legal action by filing a wage claim. This process is typically straightforward, requiring additional procedures based on the situation.
It all begins by filling out and submitting the correct forms with supporting documents. A claim might require the following if the claimant has them:
- Time-keeping records indicating the hours and dates related to the claim
- Paystubs or wage statements within the relevant pay period
- Bounced or dishonored checks associated with the claim
- Notices with the claimant’s employment information, including pay rate, overtime pay and other essential details
Ideally, the form should have copies of these files to support the claim. However, claimants could initiate the process without these documents. The receiving agency might only need them to help provide more details about the wage claim.
After filing, the claim will go to a deputy labor commissioner to determine the next steps. After reviewing the details, they might request a conference, a hearing or the claim’s dismissal. Each route has specific procedures, depending on the circumstances.
Sometimes, a claim could go through a conference before having a hearing. Other times, the involved parties could file an appeal if they receive an unsatisfactory decision or award. The duration of the process could depend on whether the parties can resolve the issue before going further in the process.
Legal responsibility to keep employment records
These documents could be helpful, but they are not requisites when reporting wage violations. They could only be beneficial when the agency reviews the claim’s details to understand the issue. On the other hand, employers have legal obligations to maintain employee records, especially those related to payroll. If they fail to meet this requirement, they could receive penalties based on the situation.
Still, wage issues could happen for many reasons. Ideally, employees could resolve these problems with their employer. If they cannot address these issues, the employee could report the incident to the relevant agency and initiate the claims process.