How to Report Unpaid Wages and Recover Back Pay


Posted by: Chris

The Fair Labor Standards Act (FLSA) governs employment standards in the U.S., and many employee lawsuits are triggered by FLSA violations such as failure to pay overtime, misclassification of employees as exempt from overtime pay, hour violations, and failure to pay minimum wage.

As an employee, you have a right to be compensated fairly for the hours you work. This right is protected by a number of federal and state labor laws. If you believe your rights have been violated, you may be entitled to file a wage and hour claim against your employer to recover monies you are owed.

Reporting unpaid wages

Oklahoma employees may file a wage claim with the Oklahoma Department of Labor to report unpaid wages. A hearing will be conducted to determine the validity of the claim and if it is found to be valid, the Department of Labor will issue a binding order to your employer to pay. If the Department of Labor decides to sue your employer, you may receive twice the amount of wages you are owed.

It is important not to delay in filing your claim or pursuing another cause of action for unpaid wages. It may be useful to consult with an Oklahoma employment attorney prior to filing your claim so you understand your rights under Oklahoma employment law.

Recovering back wages

Under Oklahoma law, you are entitled to file suit against your employer to recover unpaid wages. You may also be awarded liquidated damages in addition to compensation for your unpaid wages. Liquidated damages are awarded to workers in order to penalize employers for violating wage and hour laws. If your employer violates your right to minimum wage or overtime, they may be ordered to pay a penalty of 2% liquidated damages for each day that your wages are overdue. 

There is a cap on liquidated damages in Oklahoma. You cannot be awarded more than the amount of your unpaid wages. For example, if you are entitled to $3,000 in unpaid wages, liquidated damages will be capped at $3,000. 

Has your employer violated your right to overtime or minimum wage? If so, contact Armstrong & Vaught, P.L.C. right away. Our experienced attorneys will aggressively fight back to ensure you are awarded as much compensation as possible. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.