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Department of Labor — Wage & Hour

Department of Labor — Wage & Hour

So you haven’t been paid wages, whether minimum wage or your hourly rate, and your employer refuses to listen to your pleas for payment.

The Mark Law Firm wage and hour team can help you challenge your employer’s refusal to pay you. The Mark Law Firm has almost 15 years of experience in wage and hour disputes and has not only appeared before the wage and hour referee, but has also handled wage and hour appeals. The Mark Law Firm has represented clients in matters of wage and hour disputes, overtime claims, and prevailing wage claims.

The Department of Labor is the venue to claim monetary wage and hour losses of up to $30,000. Claims above $30,000 must be filed directly in Superior Court. If you believe that your claim is over $30,000 and you file with the Department of Labor, the maximum you can recover is $30,000.

An employee who believes (s)he has not been paid according to the wage and hour laws may report the employer informally to the Department of Labor. The Department of Labor may then request that the employer open its books, and an audit may take place. The auditor has subpoena powers to force the employer to cooperate with the investigation. The auditor may then make a ruling that the employer owes money or doesn’t owe money to the employee.

An employer who fails to pay an employee may also face a possible hearing. If a hearing takes place and the employer is found to have violated the wage and hour laws, the company is subject to a judgment, penalties of 10% of the judgment, and administrative fees. Additionally if the referee finds against the company the claim may be reported to the department of revenue for an audit. The judgment must be paid within 30 days.

When an employer is found to have violated the minimum wage laws, the employer may also be subject to a penalty of reasonable lawyer fees.

The Mark Law Firm has represented both employees and employers before the hearing referee and assists and counsels employers in audit investigations. If you feel that you have a claim for lost wages, or your company is subject to a Department of Labor audit or hearing, contact The Mark Law Firm for competent and experienced legal representation. Contact The Mark Law Firm now for your consultation and learn your rights. Click here or call 908-375-6767 to speak to our experienced wage and hour team today.

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