Employment Law

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I found out that my employer has not paid me for all my work…

Customer Question
I found out that...

I found out that my employer has not paid me for all my work and when I have tried to get any information from him he has told the assitant to claim

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No HR and the office is not to code when I told him he told me he would make sure I would lose my license this is my first job in the USA

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

He hired me as an employee but puts independent contactor on me pay checks

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How can I collect my back pay and not lose my license

Submitted: 21 days ago.Category: Employment Law
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Answered in 5 minutes by:
4/2/2018
Employment Lawyer: Legal Eagle, Lawyer replied 21 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 21 days ago

I'm sorry to hear about your situation. There is some recourse for you though, but you'll have to read very carefully. Also, it is irrelevant what your immigration status is as well.

Generally, an employer must pay their employee at least a minimum wage, the wage agreed upon in their employment agreement, and overtime wages, if the rules regarding overtime apply to the employee. Also, an employee must be paid for all hours worked regardless of whether they are salary, hourly, part-time, or full-time.

At times, an employee may need to file a wage claim to recoup the money they were supposed to be paid. Sometimes, this money could be money that was not paid as promised or could be money that was inadvertently withheld by the employer (e.g. they took out too much for health care). Every state and the U.S. government have a process that an employee can follow to get a return on their wages. The government acts as the go-between for the employer and the employee. They have the authority to investigate and make a final determination on whether wages were to supposed to be owed.

The wise thing to do is to provide whatever documentation is necessary to make the government’s job easier. It’s important to remember that they are unfamiliar with an employer’s policies, wage scales, compensation plans, bonus schemes, etc. so if an employee provides much of that information in an organized manner in advance, then they are going to be in good shape. If a person has a complaint regarding overtime, they can actually just click here and follow the rules on how to file a complaint with the U.S. Department of Labor.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,245
10,245 Satisfied Customers
Experience: Licensed to practice before state and federal court

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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