Unpaid Wages? Understand How a Wage and Hour Lawyer Can Help
- kenwat75
- Apr 19
- 4 min read
Feeling like you're not getting paid what you deserve? If you suspect your employer is not following labor laws, it may be time to look for a wage and hour lawyer.
These legal professionals specialize in employment law, specifically focusing on issues like minimum wage violations, unpaid overtime, misclassification of employees, and illegal deductions.
An Article From Our American Contributor
Who is a Wage and Hour Lawyer?
A wage and hour lawyer focuses on cases where employees do not receive proper pay or benefits. These lawyers understand labor laws and ensure that workers get what they deserve. They handle cases involving unpaid wages, overtime violations, employee misclassification, etc.
Common Wage and Hour Violations
According to the US Department of Labor, workers lose millions of dollars in unpaid wages each year. Canada has a comparable situation as the United States. Below are some of the most common violations:
Unpaid Wages and Overtime—Some employers fail to pay employees for all hours, including overtime. In the US, the Fair Labor Standards Act (FLSA) requires overtime pay for hours beyond 40 in a workweek, yet many workers never receive it. In Canada, the Ontario Employment Standards Act as well as the Canada Labour Code for federally regulated employees have similar requirements.
Minimum Wage Violations – In USA, the federal minimum wage is $7.25 per hour, but some states have higher rates. Employers who pay below the minimum wage break the law. In 2023 alone, the US Department of Labor recovered over $300 million in back wages for workers. In Canada, each province has its own minimum wage regulations. Ontario's minimum rate will be $17.60/hr starting October 1, 2025.
Employee Misclassification – Some employers label workers as independent contractors instead of employees. This allows them to avoid paying benefits and overtime. Misclassification affects millions of workers, especially in construction, trucking, and gig jobs.
Learn More by reading: Are you A Contractor or An Employee?
Off–the–clock Work—Employers may require employees to work before or after their shifts without pay. Tasks like setting up workstations, attending meetings, or responding to emails should be paid time.
Denial of Breaks – Some states require meal and rest breaks. If an employer denies these breaks or forces employees to work through them, it could violate state labor laws
How a Wage and Hour Lawyer Can Help
If you suspect your employer isn't playing by the rules, a wage and hour lawyer can:
Legal Consultation and Case Evaluation: They'll assess your situation, determine if you have a valid claim, and explain your legal options.
Gather evidence: They'll advice you on how to preserve and gather evidence like pay stubs, time sheets, email/text correspondence and employment contracts to build a strong case.
Negotiating Settlements: They'll negotiate a settlement with your employer to recover your unpaid wages and other compensations. Many cases are settled before reaching court. Statistics show that employees who are represented by an employment lawyer recover significantly more than those who are self-represented.
Represent you in Court and Ministry of Labour proceeding: If negotiation fails, they'll fight for you in court to ensure you receive the compensation you deserve.
Advising Employers—Wage and hour lawyers also help businesses comply with labor laws. They guide employers on wage policies, classification rules, and record-keeping practices.
When to Contact a Wage and Hour Lawyer
Not every pay issue requires a lawyer, employees should consider speaking with a lawyer if they:
● Receive less than minimum wage
● Work overtime but don't get extra pay
● Get paid late or not at all
● Are classified as independent contractors but work like employees
● Are forced to work off the clock
● Are denied breaks that are required by state law
Before contacting a lawyer, gather records like pay stubs, work schedules, and emails. Wage claims have deadlines, so it's essential to take action quickly. Many employment lawyers offer free consultations, and you should take advantage of that opportunity if you suspect you are not getting paid what you deserve.
Conclusion
A wage and hour lawyer ensures fair treatment in the workplace. They help employees recover unpaid wages and protect them from labour law violations. Knowing your rights and seeking legal advice can prevent employers from exploiting workers.
Don't let unfair pay practices slide. Consulting with a wage and hour lawyer can help you understand your rights and potentially recover the wages you're owed. It's a crucial step towards protecting yourself and ensuring fair treatment in the workplace.
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights in case of unpaid wages and other labour law violations to ensure that your rights are fully protected. By doing so, you can ensure that you receive fair compensation for the actionable discrimination and safeguard your employment rights.
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With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and intricacies regarding workplace discrimination will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Ken Wat has been an avid writer since his school days. This passion for writing combined with his background in law made him the writer he is today. He loves to break down complex legal jargon into something that the average Canadian can easily understand. His work has been published on numerous sites across the internet. Ken hopes to become a distinguished lawyer one day and start his own practice.
