All employees in Virginia have rights and protections when it comes to wage theft, regardless of their background or job. The wage collection lawyers at Cook, Craig, and Francuzenko are here to assist you if you have been the victim of wage theft. We will fight to help you recover every cent that is owed to you.
Can you sue an employer for not paying you in Virginia?
Yes, you can. Whether you have experienced wage theft from unpaid overtime, commissions, or wages, our employment lawyers are here to help. We have extensive experience helping employees recover lost wages and receive the maximum compensation possible. We can help you understand the different aspects of wage theft and how the laws in Virginia protect you.
What is the Virginia Wage Payment and Collection Law?
Virginia has enacted laws and protections for workers for decades to allow them to receive the full amount they earn. Virginia recently passes the Virginia Wage Payment Act and the Virginia Overtime Wage Act. Both of these wage theft laws are designed to protect and empower workers. They provide employees with the legal right to recover unpaid wages in court, potential awards of double or triple the amount of wages due and protection from retaliation.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law with two parts: the minimum wage and the “time and a half” rule for overtime work. The minimum wage applies to most workers, whether they are paid hourly or on a salary, and guarantees that their companies have to pay them at least $7.25 per hour of work (now $12.00 in Virginia and rising in many jurisdictions). The overtime rules kick in when an employee works more than 40 hours in a given week. For each hour (or part of an hour) above 40, the company has to pay 1.5 times what they usually pay.
Unlike many federal employment laws, the FLSA applies to all employers that do business in “interstate commerce,” regardless of their size. So, a great majority of companies are subject to the FLSA.
What is the statute of limitations for Wage Claims in Virginia?
If you have been the victim of unpaid wages and want to seek a lawsuit against your employer, you must file a wage claim withing three years from the date on which the employee’s wages were due.
Virginia Wage Collection Lawyers
Our lawyers have a deep understanding of the wage theft laws in Virginia. This allows us to help Virginia workers who aren’t fully paid for the time they work, no matter who they are or what industry they work in.
This includes but is not limited to those who:
- Are not being paid for all the hours worked
- Have paychecks that bounce
- Do not receive overtime pay (1 ½ times their normal rate) for hours worked over 40 in a week
- Do not receive at least the minimum wage and/or tips
- Suffer from or are required by their employer to agree to illegal forfeitures from pay
- Have unauthorized deductions taken from pay
- Are being misclassified as an independent contractor
How do I report unpaid wages in VA?
The first step in recovering your lost wages is filing a report. However, there are several ways to go about this. We highly recommend meeting with a Virginia wage collection lawyer to discuss your best options. Furthermore, our attorneys can guide you through the process and ensure it is done correctly.
To speak to a Virginia wage collection lawyer today please contact Cook, Craig, and Francuzenko.
