The law requires your employer to pay you overtime for all hours you work over 40 hours per week unless the law specifically says your job is not entitled to overtime. This means that employers must pay most all employees overtime compensation.
Many employers try to get around the wages laws, but they are responsible for not paying you overtime. Employers generally use two illegal ways to not pay you: (1) they pay you a salary instead of paying you hourly, or (2) they require you to work off the clock and not record your hours in the time keeping system. Employers do this to save money. Also, many supervisors earn bonuses if they keep their budgets down so they forbid their employees from recording overtime hours. You, however, are entitled to be paid for the hours you work.
Steps You Can Take
It is against the law for your employer to not pay you for all the overtime you work. Employers cannot decide after you work overtime not to pay you for it. Again, your employer must pay you for all overtime hours you work.
If you are owned overtime and your employer is refusing to pay, you may want to ask about payment with your employer. This will depend on your place of employment and the management. You should also consider asking your employer about unpaid overtime in writing if possible. You can do this via email or other writing. This will often help you case when your employer refuses to pay you.
Make sure you keep your own records of any overtime you work if your employer is not paying you for all your overtime. This will help your case. You, however, are not required to have your own time records to file a case to recover unpaid overtime.
It is also a smart idea to find out if the employer is also refusing to pay other employees overtime. If all of you and other employees are fighting for unpaid overtime, then it makes the case that much stronger.
Step Two: File A Complaint
You can file a complaint with your State’s Department of Labor or the Federal Department of Labor. However, you will likely find that these Agencies are slow to respond. They also typically recover less that what you can recover through a private attorney.
Step Three: Hire a Lawyer
Consulting a lawyer is a smart move, even if it is just to find out what you should be doing. A lawyer can help you file a civil suit against your employer to retrieve the overtime and wage money that is owed to you.
Don’t be worried if you think you can’t afford it. Most employee wage attorneys take cases on contingency which means that you do not pay anything until you recover overtime wages through a settlement or trial.
If there are several of you involved, you may even consider filing a collective action on behalf of all other workers who are owed this money. Often, employers will pay closer attention to a collective action lawsuit because it involves many employees who are owed money.
Rowdy Meeks Legal Group LLC is here for you. We focus our legal practice on vigorously representing employees in nationwide collective and class action pay claims including unpaid wage claims. We have the experience, resources, and track record to help you get the pay you earn. We have successfully taken on some of the biggest companies in the U.S.
We will help you get the pay you deserve. And, we are in the business of winning. Contact us today.