Unpaid Overtime Attorney for Employees
You Deserve Proper Payments for All Hours You Work, Including Overtime Hours.
Wage and hour laws clearly state overtime pay expectations for employees. Any employees who work more than forty hours a week will receive overtime pay at a rate of 1.5 times their salary. Employers denying their employees overtime pay are violating the law.
If your employer refuses to pay you for the overtime hours you worked, you have the right to fight for justice. You need a wage and hour lawyer that can help you get the compensation you deserve. You deserve an advocate who will fight as seriously for your rights as you will.
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What Are the Types of Employees in the Workplace?
There are three categories of employees:
Exempt employees are also called salaried employees. They are managers and professionals, such as lawyers, doctors, accountants, etc. These employees receive a salary no matter how many hours they work. They are exempt because they are not entitled to overtime pay as long as they earn at least $455 per week.
Non-exempt employees are also known as hourly employees. Hourly employees only get paid for the hours they work. Therefore, if they work less than 40 hours per week, they will get paid less than 40 hours per week. However, if they work more than 40 hours per week, they are entitled to overtime pay (1.5 times their regular hourly rate) for every hour worked over 40.
Contract workers work according to their contract. They receive payment according to their contract agreement. However, they are not entitled to overtime pay unless otherwise discussed in the employment contract.
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What Are Some Examples of Violations of Unpaid Overtime Laws?
The Fair Labor Standards Act (FLSA) defines the proper classifications of employees. The FLSA also outlines the rules applying to overtime pay in the workplace.
Under the FLSA, the following are violations of overtime laws:
- Misclassifying non-exempt employees as exempt employees or contract workers. One of the most common breaches of FLSA laws is misclassifying employees as exempt. An employer may classify a shift supervisor as a manager or support staff as professionals. These employees will not receive overtime pay because they are classified incorrectly.
Employers will misclassify their employees to save money on overtime pay. However, misclassifying employees is a clear violation of the law. Wage and hour laws specifically prevent denying non-exempt employees (those who make less money and support their managers) overtime for hours worked in excess of 40 hours per week.
2. Paying comp-time instead of overtime. Sometimes employers attempt to get around overtime pay for employees by offering comp-time. Comp-time allows employees to use overtime hours towards paid time off instead of receiving overtime pay. Unpaid overtime, in most circumstances, cannot be paid in comp-time.
3. Paying regular time pay for overtime hours. Some employers will try to pay employees their regular pay rate for overtime hours worked. Employers must pay overtime pay for hours worked over 40 hours per week.
4. Not paying overtime weekly. Many employers pay employees every two weeks or twice a month. An employee may work over 40 hours one week and under 40 hours in the second week of the pay period. Employers may decide to add the time between the two weeks and end up with only 80 hours worked.
This practice is illegal because it denies an employee the overtime earned for one week. Overtime must be calculated every week, no matter how often an employer runs payroll.
Can You File a Complaint with Human Resources or Other Organizations for Unpaid Overtime?
You have every right to receive overtime payments for the overtime you work. If your employer does not provide you with this pay, you have every right to complain to HR or even the Department of Labor. Your employer, however, may feel otherwise. Your complaint may result in you getting fired from work or receiving other forms of retaliation.
If your employer retaliates against you through wrongful termination, demotions, reduced hours or wages, or other punishments, you have the right to fight back. Contact an employment lawyer to help you file your claim.
How Do You File a Claim for Unpaid Overtime?
The Department of Labor manages unpaid overtime claims. The FLSA provides a statute of limitations of two years to file a complaint in federal court for unpaid overtime. If you believe the violations were willful, the time limit to file your claim is three years. You can file the claim in federal court directly.
Can You Get More Compensation Than Reimbursed Overtime Pay?
As a victim of unpaid overtime, you are entitled to compensation in addition to the repayment of unpaid overtime. You may receive financial relief such as legal fees and costs, money for pain and suffering, and emotional support. You may even receive punitive damages from your employer to punish them for their actions.
How Can an Employment Lawyer Help Your Unpaid Overtime Case?
Wage and hour laws provide a lot of protections for employees regarding their wages and compensation. When your employer violates your rights under the law, you have a right to make them pay. A dedicated employment attorney can help you get the compensation you deserve (beyond the reimbursed overtime pay).
Your wage and hour lawyer will know the penalties for unpaid overtime. They will ensure you request the compensation you deserve. They will negotiate a settlement from the moment you retain them. Working with an experienced wage and hour lawyer will help ensure you have a fighting chance to get the relief you deserve.
Contact Our Dedicated Unpaid Overtime Attorneys for Your Free Consultation
When you work, you are entitled to get paid. Anything less is a violation of the law. If you are the victim of unpaid overtime violations, the experienced lawyers at the Derek Smith Law Group can help.
Are You an Hourly Employee Working More Than 40 Hours a Week? Did Your Employer Neglect to Pay You Overtime Pay for Your Additional Hours Worked? Please Contact Us at 800.807.2209 to Learn More About Your Rights.