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How You Can Collect Your Unpaid Overtime Wages

Rowdy Meeks Legal Group LLC wants to empower you with the necessary information to collect your unpaid overtime wages. All hourly workers, that are non-exempt from the Fair Labor Standards Act (FLSA), must receive overtime pay according to the law.

If you’re missing sizable chunks of your paycheck, please continue reading to learn what you can do about it including collecting your hard-earned overtime wages.

When Does It Count as Unpaid Overtime?

Unpaid overtime wages occur whenever you work more than 40 hours a week but DO NOT receive pay equal to the time-and-a-half premium of your regular rate of pay. This does not apply to legally classified salaried employees, who are generally exempt from the FLSA overtime provisions. However, employers illegally deny many salaried employees overtime wages because those employees’ job duties fail to meet the standard for not paying overtime. Examples of these jobs include assistant managers, lower-level engineers, and mortgage loan officers.

Many of the wage claims we handle at Rowdy Meeks Legal Group LLC involve employees who are not receiving their rightfully-earned overtime money.

Basic Steps to Collect Your Unpaid Overtime Wages

Some conflicts regarding unpaid overtime wages do not require filing a formal legal claim. If you suspect your paycheck is incorrect due to an employer error, you can begin by pursuing a cooperative resolution with your employer if you feel comfortable doing so. Follow these steps as a guideline:

  1. Gather and review all the information on your paychecks and other relevant documentation. Make sure you understand the underpayment and can clearly (and calmly) present the problem to your immediate work supervisor.
  2. Consult with your supervisor and Human Resources (if appropriate), and explain to them the overtime underpayment. If your manager and HR don’t resolve it to your satisfaction, you can then speak to someone in higher management if you feel comfortable.
  3. You will need to get advice from an employment attorney if your employer will not voluntarily pay you the overtime you have earned. You should assemble all the information you can regarding your unpaid overtime so that the attorney can advise you. Examples of information you can obtain include pay stubs, company payment procedures (employee handbooks), timekeeping records, and emails/texts/phone records of work you performed without pay.
  4. Whatever you do, we don’t recommend pursuing a lost-wage case by yourself. It’s important to remember that any reputable business, including your employer, already has professional legal counsel. Therefore, you need to have this as well if you’re going to recover your unpaid overtime.

If you’d like to discover more ways to address this problem, consider reviewing this resource on 4 tips for recovering your unpaid overtime.

Isn’t Unpaid Overtime Illegal?

Yes! This is exactly why you shouldn’t sit quietly while it happens to you.

It doesn’t matter if it stems from a malfunctioning time clock or willful malice. Unpaid overtime is illegal. The employer carries the burden to pay all earned overtime to every employee. Otherwise, you can bring legal action against the employer to recover the overtime.

Don’t forget that lost overtime pay isn’t the only contributor to a short paycheck. Rowdy Meeks Legal Group LLC also assists clients with other problems, including workers who: . . .

  • Illegally earn less than minimum wage.
  • Work as call center employees but don’t get paid unless they’re on the phone.
  • Get paid exclusively by commission even though they should be paid like hourly employees.
  • Work as mortgage loan officers but are paid commission only or a salary.

Rowdy Meeks Legal Group LLC Will Help You

As we said, whenever a wage dispute cannot resolve itself through cooperative negotiation, it’s time to speak to an employment attorney. Even if the problem doesn’t require going to court, we can represent you against your employer and work with you to reach an agreement to recover your unpaid overtime.

So, call us today and let us help you finally collect your unpaid overtime wages.