Cleveland Wage Theft Lawyer
Many people love the work they do, but the main reason they go to work every day is to earn an income and make a living. To ensure that happens, Cleveland has laws in place that protect workers in case their pay is withheld from them by their employers.
When that happens, an experienced FLSA attorney can work hard to help the employee receive the salary or wages they are due. If you believe your employer is illegally withholding your wages, speak with a Cleveland wage theft lawyer to determine your options.
What are the Wage Laws in Cleveland?
Unlike many other areas in the country, Cleveland is one area that does not have its own set minimum wage employers must pay. Minimum wage defaults to the wage outlined by the federal government, which is $7.25 an hour.
Employees who are paid hourly wages must receive this wage for every hour they work, up to 40 hours in a one-week period. When an employee works more than 40 hours in one week, that wage increases to at least $10.86 for every hour worked. When an employer does not abide by these laws, the worker can file a lawsuit to recover those wages.
There are some employers that try to get around paying the higher wage after an employee worked more than 40 hours a week. However, a more common violation of the wage laws in Cleveland is how often employees are paid.
According to Tennessee Code 50-2-103, all workers must be paid no less than twice a month. When an employer does not comply with these laws and pays their employees only once a month, he/she may be responsible for a form of wage theft.
Within the same code it states that if an employee is terminated, he/she must be paid all remaining pay by the next regularly scheduled payday. When an employee quits a job, the employer has 21 days from the last day worked to make that payment. An experienced Cleveland wage theft lawyer could effectively reference these wage laws when helping to file an injury claim.
What are the Potential Penalties for Violating Wage Laws?
Upon their first conviction for such a violation, willful violators of Cleveland wage laws can be liable for the unpaid minimum wage or the unpaid overtime up to a period of three years, and the employer can face liquidated damages in an amount equal to the unpaid overtime and minimum wage. The employee might also be entitled to recover double the unpaid amount. This is because, according to the Fair Labor Standards Act, an employer is required to pay employees minimum wage and is required to pay time and a half for overtime.
Next Steps in Combatting Wage Theft
The first action in working towards receiving compensation in sending the employer a formal demand letter asking that all owed wages be paid in full. For most employers, this step is enough to get them to pay out the remaining wages.
When a letter is not enough to force the employer to pay unpaid wages, the employee or their attorney can report them to the Tennessee Commission on Human Rights. The Commission will begin their own investigation, make their own judgment and decision, and if the employer’s practices were unfair, punish the employer for withholding wages.
There is always a chance that the Commission will find the employer not to be in violation of Cleveland wage laws. When that is the case, and the employee still believes they are the victim of wage theft, they may file their own civil lawsuit against the employer. Speak with a Cleveland wage theft lawyer to learn more.
Consulting with a Cleveland Wage Theft Attorney
There are many ways an employer may violate Cleveland’s wage laws. It is more than immoral to withhold employee wages, it is illegal to so. However, employees have options.
If you feel as though you were not paid for all time worked, did not receive full pay upon leaving a job, or do not get paid regularly according to the Tennessee code, speak to a Cleveland wage theft lawyer. It is your money, and a qualified attorney may be able to help you get it.
