Virgin Islands Complaint for Recovery of Unpaid Wages

State:
Multi-State
Control #:
US-03305BG
Format:
Word; 
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Description

The right of an employee to compensation is based on either an express or implied contract. Whether the employment contract is express or implied, it need not be formalized in order for the terms of employment to begin. Once employment has begun, the employment contract represents the right of the employee to be paid the wages agreed upon for services he or she has performed and the right of an employer to receive the services for which the wages have been paid.

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FAQ

In the Virgin Islands the Wrongful Discharge Act specifies lawful reasons for dismissal of an employee who is not covered by a Union Contract. The difference between the two contract forms is that an express contract is an actual agreement with explicit terms often placed in writing.

WARN Act - Overview. WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.

The U.S. Virgin Islands ?Wrongful Discharge Act? applies to employers with five or more workers, and only protects non-supervisory employees who have worked for more than six months at their job. Under the law, employees may be terminated for a number of very specific reasons.

WAGES. Minimum Wage Rate in the U.S. Virgin Islands is $10.50 per hour. Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.

The federal WARN Act is similar to the Virgin Islands statute in that it requires employers to provide advance written notice to those employees who will be subject to a ?mass layoff? sixty days before the layoff occurs. 29 U.S.C. § 2102(a).

Chapter 18, Title 24, Section 472 of the V. I. Code states that every employer who is closing a facility shall at least 90 days prior to the Plant Closing give advance Notification to the Commissioner of Labor, any affected employees, and if the employees are represented by a Labor Union to such Union.

The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.

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Virgin Islands Complaint for Recovery of Unpaid Wages