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Requirements for an employee to file a wage claim

The Fair Labor Standards Act (FLSA) concerns unfair payments regarding minimum wages and overtime pay. If you have unpaid wages in Idaho, follow these steps to file a wage claim against your employer.

Meet the deadlines

Make sure your claim is made within the two-year statute of limitations for non-willful violations and the three-year statute of limitations for a willful violation. You are not guaranteed restitution for wage and hour violations that do not meet basic requirements.

Determine the type of violation

Determine the type of violation under The Fair Labor Standards Act. The most common type is the failure to compensate for overtime work hours. Any employee who works more than a 40-hour workweek is entitled to an additional overtime pay rate that is increased 1.5 times your regular rate.

Another problem is the incorrect classification of the type of worker. Being classified as an independent contractor brings fewer benefits than being classified as an employee, even if your duties are similar. An employer who makes an incorrect classification may be trying to pay workers less money than they deserve.

File your claim

Prepare your Wage and Hour Division (WHD) application and include documentation to prove your complaint. Then, file your paperwork at a local WHD office. Your claim will be investigated, and you may be contacted to provide additional information.

Knowing your rights

An hourly worker in the U.S. is entitled to various benefits that include the minimum wage, short breaks and overtime pay. An employer is required by law to provide basic benefits to all of their employees regardless of their status. If not, every employee has the right to file a wage claim with a Department of Labor office.