When you work hard, you expect to be paid fairly. But what happens when your employer withholds overtime pay or fails to pay your wages altogether? In West Virginia, this is more than just a workplace frustration—it could be a serious violation of employment law. At Klie Law Offices, we help workers stand up for their rights and recover the wages they are owed.
Understanding Overtime and Wage Laws
Federal and state labor laws exist to protect employees from wage theft and exploitation. Under the Fair Labor Standards Act (FLSA), most non-exempt employees are entitled to overtime pay at 1.5 times their regular hourly rate for any time worked over 40 hours in a week.
In West Virginia, state laws closely mirror the FLSA, but some nuances apply.
However, many employers attempt to circumvent these rules by:
- Misclassifying employees as exempt
- Paying a flat salary to avoid overtime
- Requiring off-the-clock work
- Failing to keep accurate time records
If you suspect any of these apply to your situation, it may be time to consult a lawyer.
Common Signs of Wage Violations
It isn’t always easy to tell if you’re being underpaid. Here are common red flags:
- You consistently work more than 40 hours but don’t receive overtime
- You’re asked to clock out but keep working
- You’re paid in cash without clear records
- Your job title was changed without changing your duties
- Your paycheck is missing hours you worked
- You’re a tipped employee and your total compensation falls below minimum wage
These are serious issues. If they sound familiar, legal action may be necessary.
Legal Remedies for Unpaid Wages
If your employer violates wage laws, you may be entitled to:
- Back pay for unpaid wages or overtime
- Liquidated damages, which can double your compensation
- Attorney’s fees and court costs
- Reinstatement or other employment remedies, depending on the situation
West Virginia provides avenues for employees to file wage complaints through state labor departments, but these processes can be slow or ineffective without legal guidance.
When to Contact a Lawyer
It’s time to consult a lawyer if:
- You’ve raised concerns internally and nothing changed
- Your employer retaliates against you for speaking up
- You’re unsure how to document or prove the violation
- You’re not sure whether you qualify for overtime pay
- The amount of unpaid wages is significant
At Klie Law Offices, we know the ins and outs of employment law and how to build a strong case. We understand the tactics employers use to avoid paying fairly and how to counter them effectively.
How We Help at Klie Law Offices
Our team serves workers throughout Buckhannon, Clarksburg, Morgantown, and Parkersburg. We offer comprehensive support, including:
- Evaluating your employment classification and pay structure
- Gathering and analyzing evidence like pay stubs, timesheets, and emails
- Filing legal complaints with the Department of Labor or in court
- Negotiating settlements or representing you at trial
Visit our Employment Law Services page to learn more about our approach.
What to Bring to Your Consultation
To make the most of your legal consultation, gather:
- Pay stubs and time records
- Employee handbooks or contracts
- Emails or messages about your schedule or duties
- Notes on when you worked unpaid hours
- Contact info for any witnesses
We’ll review your documents and determine the best course of action.
FAQs About Wage and Overtime Violations
Do salaried employees qualify for overtime?
Not always. It depends on your job duties and salary level. Many salaried workers are still eligible for overtime.
Can I be fired for complaining about unpaid wages?
No. Retaliation for asserting wage rights is illegal. If you were fired, you might also have a wrongful termination claim.
Is there a time limit to file a claim?
Yes. The FLSA typically provides a two-year deadline, or three years for willful violations. Don’t wait.
Do I have to pay out of pocket to hire a lawyer?
We offer free consultations, and many wage cases allow for attorney’s fees to be paid by your employer if you win.
For more FAQs, visit our Employment Law FAQ page.
Take Action to Protect Your Rights
If you’re working hard and not getting paid what you’re owed, don’t stay silent. Klie Law Offices has helped many workers in West Virginia fight for their rights and recover unpaid wages.
Schedule a consultation today to speak with our experienced employment lawyers.
