Does your employer owe you back wages?

by | Mar 10, 2021 | Employment Law

When you get a job in Kentucky, your employer can’t pay you less than minimum wage. They also have to compensate you for overtime. Even if your employer tells you something different, you could file a complaint if they don’t give you fair compensation.

What happens if you file a complaint?

To start, you’ll file a wage and hour complaint with the Wage and Hour Division (WHD). If they accept your complaint, they might order your employer to pay the wages that they owe you. They might even sue your employer if they withheld wages on purpose. You could hire an employment law attorney and file a private lawsuit, but you’ll have to do so before your employer gives you the back pay. Once that happens, you can’t sue your employer.

If you don’t think that your employer intentionally withheld wages, you’ll have two years to file your claim. If you believe it was intentional, you’ll have three years to make a complaint. Every state has different laws regarding wage and hour violations, so it’s best to talk to an attorney first. They might help you file a complaint or suggest an alternative course of action.

How do you know if your employer is withholding wages?

Whenever you work overtime, review your paycheck to make sure that you were paid accordingly. Some employers try to avoid paying overtime by giving their employees their regular salary instead, hoping that they won’t notice.

If you start to suspect that your employer is withholding wages, keep a record of your hours every week and see if that matches your paycheck. You could talk to an attorney if you suspect that your employer is paying less than they actually owe you. This applies to both regular and overtime hours.