Charlottesville Minimum Wage Violation Lawyer
Every employee in Charlottesville has the right to earn at least the Commonwealth’s minimum wage for every hour worked. While the laws in Charlottesville do not provide any additional protections to the federal minimum wage, the Commonwealth does maintain an investigative body to evaluate claims of minimum wage violations.
Those who are covered under minimum wage laws must be paid at least $7.25 for every hour they work. A failure on the part of employers to provide this rate of pay may be considered wage theft and grants an aggrieved worker the right to pursue legal action.
A Charlottesville minimum wage violation lawyer could help you collect the income you have earned. A member of our diligent legal team could help you file wage complaints through the State and pursue claims in court to demand payment from your boss.
Pursuing a Wage Complaint Through the State
According to the Fair Labor Standards Act (FLSA), the federal minimum wage is currently set at $7.25 per hour, and employers are prohibited from paying workers anything less than that amount.
It is worth noting that the minimum wage does not apply to every worker. Employees who are exempt include:
- Salaried workers
- Tipped employees
- Salespeople who earn commission
- Computer engineers
For the most part though, all hourly workers must be paid at least $7.25 per hour.
Violations of this law which take place in Charlottesville are subject to investigation by the Virginia Department of Labor and Industry. A Charlottesville unpaid minimum wage attorney could help an employee initiate a claim with the Commonwealth’s labor department.
Pursuing Unpaid Wages in Court
Virginia Code §40.1-28.12 also grants workers the right to sue their employers for unpaid income. Not only can these claims demand the repayment of all illegally withheld pay, but the statute also authorizes courts to issue payments with an added interest of eight percent per year for all time that the wages were in dispute. Additionally, the statute provides that a successful claim may result in an award of attorney’s fees to the claimant.
However, if the state’s labor department finds evidence of a minimum wage violation after an investigation and awards compensation, the claimant may not seek additional damages in court and must accept this amount as the conclusion to their case. On the other hand, if the Commonwealth does not rule in a worker’s favor, they may still take the case to court.
If an employee chooses to go to court with their boss, that would be their only chance to obtain compensation, as the Commonwealth will not consider a claim that has already entered the legal system, regardless of a case’s outcome. A minimum wage violation lawyer in Charlottesville could help you pursue a legal path that gives you the best chances for success.
Get in Touch with a Charlottesville Minimum Wage Violation Attorney Today
The concept of fair pay for fair work is central to Charlottesville employment laws. While state law does not expand on the federal minimum wage, all employers in Charlottesville must follow these employment regulations. A business owner who fails to do so could be liable for civil penalties and may even face criminal prosecution in certain circumstances.
However, it is a worker’s responsibility to bring any wage violations to the attention of the Virginia Department of Labor and Industry, which can investigate the situation and issue compensation upon a finding of unlawful employment practices. Otherwise, you can directly sue your employer in civil court.
A Charlottesville minimum wage violation lawyer could help you stand up for your employment rights and guide you through filing a complaint with the State or represent your interests in a civil lawsuit. Contact our office today to schedule an appointment with a seasoned professional.