Collecting unpaid overtime pay might seem difficult, but you can certainly do it. You are legally entitled to pay for every extra hour you work.
Employers try to get away without paying overtime to save paying money to employees and often pay employers themselves bigger bonuses. But, this failure to pay overtime just amounts to wage theft. People are often afraid of losing their jobs to fight for the overtime pay they deserve or do not know how to collect their unpaid overtime.
Collecting Unpaid Overtime Pay
A few unpaid work minutes daily quickly turn into a few unpaid hours per week and these unpaid hours can add up. You need to take action if you are not getting paid for all the extra overtime you work.
You need to think about what work time consists of at your workplace. Too often, employers will not pay while employees set up, get into uniform, get stock, or attend meetings that are off the clock. Also, employers are currently not commonly paying for the time you and other employees wait for Covid testing when the employers require it as a condition to work. Most courts have found that employers must pay employees for the time they wait for mandatory Covid testing.
Contact Your Employer
You can first contact your immediate supervisor or payroll if you believe your missing overtime pay could be a mistake or oversight. There may be a simple explanation. This is often though not the case.
You can consider giving the employer until the next pay period to pay you the wages the employer owes you. Most often, the employer fails to follow through on any such promise to pay. You know that you must take the next step if the employer refuses to pay you your unpaid wages if you bring it to the employer’s attention.
During this time, you can gather up all your information and records regarding the unpaid overtime you worked. It is a good idea to ask around to your colleagues and find out if anyone else is not getting the overtime pay. Your unpaid overtime case is generally much stronger if the employer is also refusing to pay overtime to other employees.
Contact the Department of Labor
One option to collect unpaid overtime is to file a claim with the U.S. The Department of Labor (“DOL”).
The DOL will either accept or reject your claim. This can take many months. If the DOL finally accepts your claim, the DOL will start an investigation and request the records you have to file your claim. The DOL will contact your employer and try to get the unpaid overtime pay that you worked for.
Most individuals do not contact the DOL to recover unpaid overtime. The DOL process takes months if not years, and employment attorneys can usually recover much more unpaid wages than the DOL. Thus, most employees contact employment lawyers to collect unpaid wages.
Contact A Lawyer
You can contact an employment lawyer at any time to collect unpaid wages. The employment lawyer can let you know if you have a case and how to best pursue your case. You will generally know after the first consultation whether the attorney believes you have a case and will file it.
Employment lawyers know your rights and they will help you collect the unpaid overtime pay that you worked for. They deal with this type of case all the time.
You may also be able to collect more than just the unpaid overtime pay depending upon your case. You can also sometimes collect attorney’s fees, penalties, interest, and liquidated damages.
Collecting Unpaid Overtime Pay
Don’t let your employer steal the money you worked hard to earn. You should contact us today if you feel like you are not getting the money you are owed.
Here at Rowdy Meeks Legal Group LLC, we can help you fight your employer and get you the unpaid overtime you have earned. Your employer cannot change the overtime laws or avoid paying overtime by enacting a no-overtime policy or by getting you to agree to a special deal. Your employer must pay you according to the law and pay you for all time you work.
If you need assistance, don’t hesitate to Contact Us today.