If you file an overtime lawsuit and win, you can expect to recover your unpaid overtime and possibly additional compensation.
For non-exempt employees, you are legally owed 1.5 times your hourly wage for any time worked above 40 hours a week. If your employer has withheld your overtime pay due to illegal overtime practices, you can file a lawsuit and fight for your rights.
What Happens When You File an Overtime Lawsuit and Win?
The outcomes of winning an overtime lawsuit depend on the circumstances of your case and the jurisdiction. But, you could be entitled to your unpaid wages, legal fees, and other compensation. The money you recover in a wage claim or lawsuit is called ‘damages.’
How your employer violated overtime laws can also play a part in the outcome of your lawsuit. For example, overtime violations include your employer asking you to work off the clock, tampering with your timesheet, failing to pay you for overtime, or misclassifying you as an exempt employee.
Injunctive Relief
If you file an overtime lawsuit and win, the court could order your employer to change its policies or practices to comply with overtime laws. This is called injunctive relief, and it can prevent future overtime violations and protect workplace rights.
Unpaid Overtime Compensation
The goal of an unpaid overtime lawsuit is to get the money you deserve for your hard work. For example, if you can show that your employer failed to pay you overtime, you may be able to recover your unpaid overtime wages.
Liquidated Damages
Under the Fair Labor Standard Act and many state wage laws, you may be entitled to an additional amount equal to the unpaid overtime as liquidated damages. The liquidated damages amount could essentially double the amount of unpaid overtime you are owed if your employer wilfully violated overtime laws.
Liquidated damages are separate from the unpaid overtime wages owed and act as additional compensation for the delay in your wages. The additional amount can also deter employers and encourage them to operate within the law in the future.
Legal Fees and Expenses
The court may order your employer to pay your attorney’s fees and legal expenses in certain circumstances if you win an overtime lawsuit. It depends on the specific laws and applicable to your case.
Fee-Shifting
The FLSA allows you to recover reasonable attorney fees from your employer if you win the lawsuit. This legal option ensures you have access to legal representation. Many employees hesitate to file an unpaid overtime wage claim because of the financial implications. Hiring an attorney can be daunting when you are already out of pocket due to illegal wage practices. But you deserve recourse if you have been the victim of unfair wage practices.
Discretion of the Court
Not all of your attorney’s fees may be recoverable, and the court may choose to reduce or modify the amount you receive. An employment attorney like Rowdy Meeks Legal Group LLC can explain the possible outcomes of your overtime lawsuit so you understand the risks and benefits involved.
Prejudgment Interest
Prejudgment interest is a percentage added to the total unpaid wages from when they should have been paid until the judgment is entered. It is a way to compensate you for the delay in your legally-owed wages and can help lessen the financial impact that the delay caused.
Being awarded prejudgment interest (and how much) depends on the jurisdiction’s laws and the court’s discretion. It is typically calculated based on the statutory interest or a rate determined by the court.
Rowdy Meeks Legal Group LLC: Fighting for Overtime Rights Nationwide
Understanding the complexities of wage laws in your state can be challenging, which is why seeking the counsel of an employment attorney can be beneficial. They can offer advice and guidance and assess the strength of your claim.
So, if you want to learn more about what you get when you file an overtime lawsuit and win, you should contact us for a free consultation.