If I have already gone to the department of labor, do I also need to file a lawsuit against my previous employer?

Asked about 2 years ago - Las Vegas, NV

My, now, previous employer had me listed as a 1099 employee, however, I had always had a schedule I had to abide by. The department of labor stated if I had a schedule that I should've been getting minimum wage on my check and, due to being listed as 1099, many times I was below minimum. On my last check before leaving the company, they shorted me half of my check without my approval and still haven't given me the money back. They also gave me my final check 17 days after I left and not the 7 days after I left, and they also took money out of that check without my approval. They're also saying I owe them money, which I don't, but still haven't provided any proof that I do. Is going through the department of labor sufficient or should I look into a lawyer at this point?

Attorney answers (1)

  1. Herbert J Tan

    Contributor Level 17

    Answered . You may have a claim for FLSA for unpaid minimum wages. Under the FLSA, you may be entitled to liquidated and/or double damages, attorneys' fees, etc. Have your case reviewed by NELA attorney.

    Herbert Tan, Esq.
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Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Employee protection laws

Employee protection laws, such as OSHA's workplace safety regulations, FLSA's labor laws, and FMLA's unpaid leave regulations, are to ensure employee safety.

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