Does My Employer Have to Pay Me Minimum Wage?

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As an employee, you work for a living. It doesn’t matter what your job is; if you put in the hours, you deserve to get paid. Federal law and state law recognizes as much, but unfortunately, there are times when employers will wrongfully deny employees their rightful pay. Please continue reading and reach out to a seasoned Midlothian employment lawyer from Passero Employment Law to learn more about your rights and how our firm can help if you believe you’re being denied the pay to which you are entitled. Here are some of the questions you may have:

What employees qualify for the minimum wage in Virginia?

The first thing you should understand is that the overwhelming majority of employees in Virginia qualify for receiving the state minimum wage, which, as of 2023, is $12.00.

That said, you should note that certain employees do not qualify for state or federal minimum wage. Employees that may not qualify for minimum wage include certain student workers, babysitters who work fewer than 10 hours per week, employees of children’s summer camps, individuals under the age of 16, and other employees who are exempt from the federal minimum wage.

If you do not fall into any of the aforementioned categories, however, you should qualify for the state minimum wage.

What should I do if my employer doesn’t pay me minimum wage?

If your employer fails to pay you minimum wage, you should understand that you do have options. First, you should speak with your employer about the discrepancy and see if he or she remedies the issue. If your employer doesn’t do so, you can go to your company’s HR department and see if they can do anything to resolve the issue.

If no one is willing to help you, you should strongly consider speaking with a seasoned wage and hour lawyer who can assess your case, determine whether you qualify for minimum wage (and whether you’re being wrongfully denied it), and fight for the best outcome possible on your behalf.

How long do I have to file a wage and hour claim in Virginia?

If you wish to file a wage and hour claim, it is important you do so in a timely fashion. In the state of Virginia, you should pursue your claims in court or with the Virginia Department of Labor and Industry within two to three years. Note, however, that the sooner you file your claim, the better. Contact Passero Employment Law today so we can take a look at your case and determine the past path forward.

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