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I'm in mississippi and i work for a small security firm. i have had this job for a little over a month now, and my employer has yet to pay me, every time i ask, its one excuse after another. is there any legal action i can look into? the last time this happened was around march, when i worked for a pizza place close to home. the department of labor said they would not step in as they dont make enough money to be governed by the department of labor. im late on my car payment and im afraid its going to be reposessed. any advice would be helpful.
Repossession is NOT a possibility unless you are a lot more than one month late..... but regardless of that fact when are your pay-periods and the corresponding pay-days? employers who are covered by the law in Louisville are required to pay at least twice per month... see: Louisville pay-day laws only apply to employers who have 50 or more employees.. the problem you have is Mississippi does NOT have a wage and hour division and they have basically no labor laws such as minimum wage or overtime, and federal law only applies to large employers, interstate businesses and certain other employers .. for coverage under FLSA see: you are left to your on devises, you can file in small claims court, that is about all you can do with a small employer in MS.... you can NOT file a wage claim with the Louisville labor department because there is not one... and you can get assistance from the US DoL ONLY when the employer is covered by FLSA (which you already discovered)
It is the responsibility of the local Labor Department to assist citizens like you. Write a formal case against your current employer for non payment of salary with the Labor Department. Meanwhile I would recommend that you speak with your employer on late salary payment may result in your car being repossess and that you are late in paying your bills.
YES. Call an "Employment attorney" that directly deals with not being paid for services. That is awful. But just call him. He can send a letter for you to be paid directly or find out what is going on??? You would have thought the Dept. of Labor would have helped. I do not understand that one.
Assess Wages Double-check your pay stub or assess the situation carefully to determine whether your employer actually owes you. For example, if you are a salaried employee and your salary for the pay period is less than normal, it's possible your employer made a permissible deduction from your paycheck. Permissible deductions from salary include docking for overuse of benefit days and to offset amounts you received for jury duty or witness fees. Speak With Employer If you are certain you are owed wages, speak with your employer. Your employer may be unaware of the error and will probably fix it promptly, plus reimburse you for bank charges you incurred as a result of a payroll mistake. File Wage Claim If your employer refuses to pay you wages owed after you have spoken to him, contact your state labor department for its policies on filing a wage claim. Most departments have the instructions on their website, or you can call the agency for its guidelines. In some cases, the state may allow you file for regular wages, certain fringe benefits, such as vacation or sick pay, and bonuses and commissions, which are all regarded as taxable wages. The department notifies your employer of your claim -- your employer can agree to it or contest it. In the latter case, the department schedules a hearing for you and your employer to attend. Take proof with you to the hearing to show wages owed, such as pay stubs, bank charges you incurred as a result of a payroll error, or time sheets showing hours worked or time-off taken. File Lawsuit If you prefer not to file a wage claim or if the labor department does not cover certain wages, you can file a lawsuit in small claims court in the jurisdiction your employer is located. Each state has varying claim limits. For example, you can claim up to $3,000 in Alabama and up to $15,000 in Delaware. You can hire an employment law attorney to handle your case and represent you in court. Considerations You can file for back wages through the U.S. Department of Labor, Wage and Hour Division. You cannot take this route if you have already filed for the same back wages via a private lawsuit or through your state labor department. Federal law allows you two years to file for back wages and three years if your employer willfully broke the law. An employer typically has up to 30 days from the decision date to pay awarded amounts. Your employer can be ordered to pay you back wages, liquidated damages (which can amount to double back pay), a waiting penalty for the days you were unpaid up to the maximum time frame, and attorney/court fees. Read more: What Do You Do When an Employer Refuses to Pay Your Wages? | eHow.com