Employment Laws for Unpaid Wages

Written by annmicha blugh
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Employment Laws for Unpaid Wages
Unpaid workers have the right to go to the law for their just wages. (Chris Stein/Digital Vision/Getty Images)

Every state has drafted labour laws to protect the rights of workers against exploitation. One basic constitutional right of every citizen is the right to work and receive just payments. Employers face penalties when they choose to deny workers their wages, to defer payment without proper updating, or to withhold portions of wages without notice. In the face of these unwelcome events, it is the right and responsibility of the employee to take legal action.

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South Carolina Unpaid Wages Law

South Carolina's law on labour and employment and payment of wages states that no employer can withhold or disburse elsewhere an employee's wages unless by the employee's approval following a notification, or unless by federal or state law. Unpaid wages constitute a violation, where each offence carries a fine and the employee can be awarded up to three times the standard salary if the case goes before the court of law. Unpaid wage earners have up to three years to lodge a report to the authorities concerning outstanding payments.

Delaware's Wage Payment and Collection Law

Delaware's labour code's wage payment and collection section states that if an employer refuses to pay the employee his or her lawful wages, the wronged employee would be able to receive a further 10 per cent compensation of the unpaid salary for each outstanding day or the wages equivalent to the arrears. This penalty means that a compounded sum of money would be due to the employee required by law until paid. The unpaid employee has the right to go before the court of justice, supported by the Department of Labor. If the employee wins the case, the employer would have to pay the employee's legal fees.

Nebraska's Wage Payment and Collection Law

Nebraska's employment law on wage payment and collection orders that in the case where an employer skips a payment period so that employees have to undergo a term without their wages, the outstanding wage becomes due on the next payment cycle or within two weeks after termination of contract. Also, if commissions are unpaid, the employer has to supply an employee with accurate accounts of outstanding wages until all wage payments are fulfilled.

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