The Fair Labor Standard Act contains the national wage provisions. The majority of the countries have their own minimum wage legislation. Workers are subject to both federal and state minimum wage laws. In cases like this, employers must provide their workers the wage.If an Employee does not get the minimum wage he’s entitled to, they can file a minimum wage claim to the Division of Labor Standards Enforcement or file a lawsuit in court against the employer to recoup the deficient wage.
Procedures of a Wage Claim
- A Worker alleging the brief payment wage by their employer must file and complete a claim to the local office of the Division of Labor Standards Enforcement to initiate investigation.
- A Deputy Labor Commissioner will evaluate the situation based on the circumstances of the claim and the data presented
- Within thirty days of filing the claim, the Deputy shall notify the parties as to the specific actions that will be taken initially regarding the claim:
- Referral to a conference
- Referral to a hearing
- Dismissal of this claim
- If the deputy has made the decision to hold a seminar, a Notice of Claim Filed and Conference will be sent to both parties. This will direct the parties which they are expected to attend, provide the date, time and location of the seminar and will explain the claim.The Aim of this Conference is to decide whether the claim can be resolved without a hearing.
- If the claim is not resolved at the conference, the deputy will determine the action that is right to the claim a referral to dismissal or a hearing.
- If a Hearing is scheduled, a Notice of Hearing will be transmitted to both parties by email or by personal service. Although hearings are conducted in an informal setting, they are formal event instead of the Salario Minimo Conference.
- At The parties the hearing and witnesses testify under oath and the event is listed. Both parties have the right.
- Within 15 days following the hearing, the Order, Decision or Award of the Labor Commissioner will be submitted at the DLSE office and served to the parties soon thereafter. The decision will be put forth by the ODA and the amount awarded by the hearing officer.
- If any of the party is not pleased with the ODA, they may appeal the ODA. The appeal must be filed within the time period in court. The court will set the matter for trial with each party with the chance to present witnesses and evidence.
In order for an employee to make a decision they should offer evidence that is sufficient that his employer not paid him.A claim for minimum wage must be filed within three years from the date that the claim happened.