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Overtime Pay Rights All Employees Should Know

Many of us are so focused on getting our jobs done that we overlook the most important thing about working:  being paid for all hours we work including overtime. However, not paying attention to your pay can have serious consequences down the road.

The good thing to know is that there are options to make sure employees get all overtime pay they’ve earned. Read on to learn more.

Has an Employer Refused to Pay Overtime Pay?

We all deserve to be compensated for all overtime we work when surpassing normal working hours. However, many employers don’t see it that way and will deprive employees of the overtime wages they deserve.

You should take action if your employer is underpaying for your hard work. Oftentimes, the longer you wait to take action on your pay, the harder it can be to prove that your employer has underpaid you.

As frustrating as this situation can be, employees who are not being paid for all overtime they work have options to recover this unpaid overtime. You have options to recover these wages and will benefit from seeking the assistance of an experienced employment attorney to collect these wages.

What Are Some Overtime Pay Rights You Need to Know About?

The Federal Fair Labor Standards Act (FLSA) applies to all employees nationwide. The FLSA dictates that employees who work more than 40 hours in a workweek must receive overtime pay unless a specific exemption applies to them. Employees who receive a salary may also be entitled to overtime depending upon their job duties and how they are paid.

Many states have overtime laws which protect workers beyond the FLSA. Your employment attorney will assess whether or not the state in which you work offers you additional overtime protections. Employers must comply with the FLSA or state law which provides employees with the most pay for the work performed including overtime pay.

Which Employees Are Entitled to Overtime Pay Rights?

All employees who work more than 40 hours a week must receive overtime unless a specific exemption applies. These exemptions are narrow and do not apply to most employees. Exemption examples include employees with executive, administrative, and professional job duties who earn a minimum weekly salary of $684 weekly. Your employment attorney will review with you any potential overtime exemption which may apply to your work.

Is There a Statute of Limitations for Overtime Pay?

The deadline for filing an FLSA overtime claim is generally two years from the employee’s receipt of a paycheck. This means that you could recover overtime pay going back for the prior two years.

The statute of limitations extends to three years if an employer willfully violated the FLSA. This means that you could recover unpaid overtime going back three years. Some states have longer limitations periods. Again, your employment attorney will discuss the applicable limitations period with you.

What Are the Penalties for Overtime Pay Violations?

Employers who fail to pay overtime pay may be liable for the unpaid overtime and up to double that amount as liquidated damages. The employee can also recover his or her attorney’s fees and costs if he or she wins her case. Employees can also join with other employees to recover their wages by bringing class or collective lawsuits against the employer.

Employees who have been denied proper compensation have options available to help recover the wages that they are due. Working with an employment lawyer who handles these types of cases is one of the best ways to enjoy a better outcome because these cases are complex.

Rowdy Meeks Legal Group LLC is ready to help you with your wage case so that you can recover the unpaid wages including overtime that you have earned. Contact us today if you need help with a wage case including unpaid overtime.