Navigating the complexities of employment law can be daunting, especially when it involves wage and hour disputes. Wage and hour disputes often arise from common issues such as unpaid overtime, improper deductions, or misclassification. For instance, when a worker is wrongfully classified as an independent contractor instead of as an employee, she does not receive the benefits of minimum wage and overtime laws, often resulting in work performed without adequate compensation. As an employee, it’s important to recognize your rights regarding fair compensation for your labor, including knowing when and how to file a legal claim. Miller Shah recognizes that every employee has the right to dispute their wages and seek compensation if they have not received the benefits to which they are entitled. We are deeply experienced in addressing wage and hour issues, and can guide you through every step of the legal process with clarity and confidence.
Filing a wage and hour dispute may seem overwhelming, but understanding the process can empower employees to take action. Here are some of the essential steps involved:
The first step in filing a wage and hour lawsuit is to consult a qualified attorney. When you work with Miller Shah, our experienced attorneys will review your case to assess your claim and determine the best course of action. This initial consultation is an opportunity to present the nuances of your situation and is essential to helping the legal professionals identify any potential legal causes of action.
After the initial consultation with an attorney, you should collect and preserve all the information and documents relevant to your claim. This may include pay stubs, timesheets, employment contracts, and any correspondence with your employer. Thorough documentation is essential to substantiate your claim and provide evidence of any discrepancies in wages or classification.
Once you have provided everything you have to your attorney, she will conduct a detailed investigation into your claim to determine potential strengths and weaknesses, the possibility of collective action, and the viability of any lawsuit. The thorough investigative process at Miller Shah considers all applicable wage and hour laws to ensure your case is built on a solid foundation.
If your attorney determines you have a viable wage and hour claim, you should schedule another meeting to discuss your options. You may consider seeking to resolve your dispute before filing a formal lawsuit through a conference or mediation session with your employer and their representatives. Such conferences present an opportunity to resolve the dispute amicably, with the aim of reaching a fair settlement, before the parties incur litigation costs. However, if a pre-filing resolution cannot be achieved, your attorney will discuss potential next steps, which may involve filing a complaint to initiate litigation.
Filing a wage and hour dispute requires a comprehensive understanding of employment law and a strategic approach to navigating the legal process. Professional legal assistance can be invaluable to upholding your rights and securing the compensation you deserve. Miller Shah is committed to providing dependable legal support to employees facing wage and hour disputes. If you believe you have been wrongfully denied wages or benefits, contact us for a consultation.