Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney Toni Jaramilla, A Professional Law Corporation - Los Angeles Employment Attorney
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What is the process for filing a complaint to get unpaid wages?

Payday comes and a worker finds that they have not been paid at all, or maybe, they were only paid part of the amount they earned. As many federal government employees can attest, this is a very frustrating -- and potentially financially catastrophic -- situation. What should an employee in California do if they have been illegally denied some or all of the pay they are owed? This blog post gives a quick overview of the process for filing a complaint with the U.S. Department of Labor's Wage and Hour Division.

Complaints filed with the division are confidential. Employees will be asked to provide some personal information, as well as the name and location of the employer, the names of managers or owners, the type of work performed and the time and manner in which payment was made. Further information, such as personal records of hours worked, paycheck stubs and information about how the employer usually pays, can be useful for the division's efforts.

With this information, the division can conduct an investigation of the employer. If a wage violation is found to have occurred, the employer can be ordered to pay back pay to the employee. Back pay is the amount of money representing the difference between the amounts the employee should have been paid and the amount they actually were paid. Employees may also be entitled to promotion or reinstatement. Under federal law, employers are not allowed to retaliate against employees for filing a complaint.

Both documented and undocumented workers are entitled to the confidential services offered by the division. And, an employment lawyer can help one gain unpaid wages.

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