Filing a state or federal claim for unpaid wages can be a complicated affair. You must comply with numerous filing deadlines, and failure to meet a due date can be fatal to your case.
If you believe you have a state law claim for a wage and hour violation in Kansas or Missouri, or if you believe your rights under the federal Fair Labor Standards Act (FLSA) have been violated, it is important that you contact an experienced Kansas wage and hour lawyer as quickly as possible to protect your rights and assert your claim.
During your initial meeting with your Kansas wage and hour lawyer, your attorney will ask you about the details of your case. Your attorney will want to know the name of your employer, your rate of pay, the hours you worked and the hours you were not paid for, and the identity of people who might have information about your claim.
Your wage and hour lawyer will analyze the details of your case to determine whether you have a claim, and will provide you with options on how to proceed.
Under certain circumstances, you may be able to choose whether to pursue your claim under Kansas law, or under the federal FLSA. This is a decision you should make in consultation with your attorney, who will be able to advise you on the benefits and drawbacks of each.
Kansas law requires that employers pay employees the federal minimum wage of $7.25 per hour. In most circumstances, if you work more than 40 hours in one week your employer must pay you time-and-a-half for every additional hour you work.
To determine whether you have a valid claim for a wage and hour violation, it is important to understand that some employees are exempt from this overtime requirement. For example, employees who engage in administrative, professional, executive, outside sales, or agricultural activities are exempt from the overtime requirement. Likewise, domestic service workers, motor vehicle salespeople, and people serving a prison sentence are also exempt from Kansas minimum wage requirements.
If you earn more than $30 per month in tips as part of your job, your employer can use those tips to reduce the minimum wage they are required to pay you to $2.13 an hour.
If you believe you have a claim for unpaid wages, be aware that strict time limits govern wage and hour claims. That’s one reason it’s important to contact an experienced wage and hour attorney as soon as possible if you believe your employer is violating the law.
When you hire a lawyer to help you pursue your claim for a wage and hour violation, you improve your likelihood of success by working with an experienced professional.
The Kansas Department of Labor has a process for reviewing state wage and hour claims; however, unlike other types of claims, you are not required to exhaust your administrative remedies before filing a lawsuit for a wage and hour violation. Instead, your Kansas wage and hour lawyer will analyze whether it is more advantageous to file your lawsuit in state or federal court.
If you believe you were the victim of a wage and hour violation, or if you have questions about your rights under the FLSA or Kansas wage and hour laws, contact the experienced employment law attorneys at Brady & Associates today.