Filing a Lawsuit Agains Your Employer for Overtime
May 17, 2022
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How To Sue Your Company For Unpaid Overtime Pay
DETROIT -- Overtime pay is required from your employer in many circumstances when an employee works more than 40 hours a week.
While certain employees are exempt, or not entitled to overtime pay, many workers are legally entitled to additional wages and college pay for extra hours on the job.
Under Federal Constabulary, an employer is required to pay a "non- exempt" employee overtime pay for hours worked beyond a xl-hr piece of work week.
Employers and business owners are fully enlightened that they are legally required to pay overtime, but either but to decline to pay those wages or intentionally misclassify an employee every bit "exempt" to avoid overtime. Many employees who are paid a bacon, instead of hourly pay, are notwithstanding covered employees and entitled to overtime pay.
Near workers do not understand their legal rights to recover unpaid overtime wages.
The first footstep is to contact an employment lawyer to determine whether yous are considered a covered employee under the Fair Labor Standards Human activity (FLSA). Workers covered nether the FLSA tin sue their by or present employer if required overtime wages were not properly paid.
The overtime rate of pay that employers are required to pay is one and a half times (1.5 times) the regular hourly wage.
Claims for unpaid wages can often exist sought dating two years dorsum from the filing of the lawsuit and continue into the future until the lawsuit is resolved. There are some states that allow the claims to seek unpaid wages even more 2 years in the past.
If you were not paid the legally required overtime pay, at that place are two means to sue your past or present company for these wages. Lawsuits can exist filed equally individual lawsuits or as course action lawsuits, also known as "collective action lawsuits."
If a number of employees at the aforementioned company take similar claims, they may exist able to file a class action lawsuit to recover their unpaid wages. An employee can also bring together an existing course action overtime lawsuit if it has already been filed.
By consulting with an experienced attorney, an aggrieved and underpaid employee can pursue all remedies under the law to recover unpaid wages.
Many times, there are other employees at the aforementioned company also being shortchanged on wages and collectively they can bring legal action to recover their wages. Most cases are handled on a contingent fee basis, which ways there are no legal fees charged by the attorney unless the employee receives a settlement for unpaid wages.
Sources:
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https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/FairLaborStandAct.pdf
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https://www.dol.gov/agencies/whd/minimum-wage
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https://www.dol.gov/agencies/whd/overtime
Buckfire & Buckfire, P.C. 2022 National Police force Review, Book X, Number 272
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