If the company I work for fails to give my salary, can I ask for 3-5 times of the amount once they do give it to me? 6 Answers as of March 12, 2013

I am a contractor who has been working for a company. They have failed to give me my salary. They owe me more than $50,000.00. When they do pay, can I ask three to fives times more than the money they owe me?

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Law Office of Tadd Dietz, PLLC
Law Office of Tadd Dietz, PLLC | Tadd Dietz
An employee that is not compensated for the full amount of hours they have worked, may have legal rights to seek compensation from an employer. If an employee is not being paid for what they are entitled, they may have a claim under the Utah Payment of Wages Act, which set forth the requirements for paying wages to employees in Utah. The Utah Labor Commission is in charge of administering this law. An employee working for a private employer may file a wage claim with the Utah Labor Commission to recover unpaid non-overtime wages. See their website for more information on filing a claim. The Utah Labor Commission has the jurisdiction in cases involving unpaid wages that are at least $50.00 but no more than $10,000.00. An employee must file the wage claim with the Utah Labor Commission "within one year of the date the wages were earned." See Utah Code Section 34-28-7(1)(e). The Utah Labor Commission does not have jurisdiction to handle claims involving independent contractors. Independent contractors that want to recover unpaid wages must file a breach of contract claim in court to recover unpaid wages. Additionally, the Utah Labor Commission does not handle cases involving unpaid overtime wage. Employees seeking to recover unpaid overtime or minimum wages compensation have two options that they can pursue. They can file a civil complaint in court alleging violation(s) of the Fair Labor Standards Act (FLSA) or they can file a wage complaint with the federal Department of Labor ("DOL") Wage and Hour Division. See their website for more information on filing a wage complaint through the DOL. The FLSA requires covered employers to pay non-exempt employees a overtime rate of one and a half times an employee's regular rate of pay for all hours worked over 40 in a work week. However, there are some employment positions that are considered exempt, and employees in such exempt positions are not entitled to overtime compensation. Further , The FLSA requires employers to pay employees at least the federal minimum wage of $7.25 and hour. An employee may seek the assistance of an attorney in attempting to recover both unpaid non-overtime, unpaid minimum wages, and unpaid overtime wages. This information does not constitute legal advice. If you are seeking legal advice regarding the specific facts of your case consult an attorney.
Answer Applies to: Utah
Replied: 3/12/2013
The Krone Law Firm, LLC | Norman B. Krone
Not generally. You can refuse to work for them and bring a lawsuit to collect which may entitle you to some multiple of what is owed provided that your States laws set out the possible remedy.
Answer Applies to: Florida
Replied: 3/12/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Probably not, because since you are a contractor, it sounds like you only have a contract claim, not a wage and hour claim. And how did you get to the point where they owe you so much. Remember, the first loss is the least loss. You should have stopped working when they missed the first payment.
Answer Applies to: Idaho
Replied: 3/12/2013
Law Offices of John S. Keating
Law Offices of John S. Keating | John S. Keating
Assuming you are considered an employee of the company that has "stiffed" you (see Mass. General Laws chapter 149, section 148B for more on that issue), then you would be entitled, under Mass. General Laws chapter 149, section 27, to treble damages (i.e., three times the wrongfully withheld wages), plus your reasonable attorney's fees and court courts. But there are a number of procedural hoops you would need to go through before you got that far, and for that, you would likely need the services of an attorney.
Answer Applies to: Massachusetts
Replied: 3/12/2013
Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
If it is in fact salary, and not payment on a contract, the employer may have to pay penalties. You can call the Labor Department to get details
Answer Applies to: Connecticut
Replied: 3/12/2013
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