Hourly employees who work over forty hours in a week deserve overtime pay. The Fair Labor Standards Act (FSLA) says overtime pay is 1.5 times an employee’s regular hourly pay. When an employer denies an employee overtime pay, they are violating the law.
Employees denied overtime pay have the right to fight for it. Speaking with an unpaid overtime lawyer can help you learn more about your rights to overtime pay. They will help you get the compensation you deserve. The top overtime lawyers at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, Los Angeles, and San Francisco can help you fight for your rights and get the overtime pay you earned.
Read on to learn more about who deserves overtime pay and what the laws say about it.
Federal and state laws state that hourly employees deserve extra money for hours worked over 40 per week. The Fair Labor Standards Act (FLSA) states that non-exempt employees (hourly) should earn overtime pay of 1.5 times their regular hourly pay. The law says overtime pay is paid for any time worked over 40 hours per week (not a pay period). State laws may vary. However, all state employees should earn additional compensation for overtime work. An unpaid overtime lawyer will help you find the best laws to use to get the most compensation for your unpaid overtime claim.
Unpaid overtime violations can occur in several ways.
There are two types of employees: exempt and non-exempt. Exempt employees earn a salary. They can work one hour or 60 hours in one week and still earn the same salary. Non-exempt employees make an hourly wage. They get paid based on the number of hours they work. Hourly employees have a right to receive overtime pay.
An employee can only be exempt when they meet specific criteria. Exempt employees earn a salary and are not entitled to overtime pay. Exempt employees must meet some or all of the following points:
The Duties Test
The duties test states that primary duties must include the following:
A non-exempt employee earns an hourly wage. They get paid for every hour they work. They do not meet the criteria necessary to be an exempt (or salaried) employee. Non-exempt employees are entitled to overtime pay.
Some employers may purposely (or accidentally) misclassify an employee as an exempt employee. The employee does not meet the needed criteria. Yet, the employer is still a salaried employee. In this case, employees can hold their employers accountable for unpaid overtime. Working with a top overtime lawyer when misclassified as an exempt employee can help ensure you get the compensation you deserve.
Employees earn overtime pay when they work over 40 hours a week. Overtime pay gets calculated weekly, not per pay period. An employee may work 75 hours in a two-week pay period and still receive overtime pay. In this situation, an employee worked thirty-four hours or less in one week. They worked forty-one hours or more during the other week. As a result, they earned at least one hour of overtime pay.
Employees who did not receive their deserved overtime pay can file an unpaid overtime claim against their employer. If you are that employee, you can hire an unpaid overtime lawyer and file your claim in one of two places:
A top unpaid overtime lawyer will advise you of the best place to file a claim. They will review state and federal wage and hour laws to find the laws that best fit your claim.
Employees have the right to seek compensation for unpaid overtime wages. You may have a right to more compensation depending on your employer’s intent. Under all circumstances, you should receive damages for your unpaid overtime pay, interest, and punitive (to punish) damages. Punitive damages ensure your employer does not continue to ignore overtime laws.
Employees can receive liquidating damages as compensation if an employer knowingly and willfully withholds overtime pay. Liquidated damages mean the employer must pay double the money owed to employees for overtime work. Working with the best unpaid overtime lawyer can help ensure you will receive all the damages you deserve.
State laws may provide employees additional compensation, such as liquidated damages for all unpaid overtime claims. Under federal laws, employers may only owe employees interest on unpaid overtime claims when it is not a willing violation. Working with a top overtime lawyer will help lead you to the best option for compensation for your unpaid overtime claim.
The best unpaid overtime lawyers will tell employees to file their unpaid overtime claims as soon as possible. However, many employees may not realize they should receive overtime pay. Sometimes, employees may try to work with employers to obtain the money owed before taking legal action. If an employer refuses to compensate employees for unpaid overtime, employees may choose to file a lawsuit. The law understands the need to delay filing a claim for unpaid overtime. Therefore, it gives employees two to three years to file a claim.
If an employer acted in good faith and did not realize he was committing an act of not paying employees for overtime, employees will have two years to file their claim for unpaid overtime.
Suppose employers purposely withheld overtime pay, misclassified employees, or otherwise committed acts violating the overtime pay laws. In that case, employees have three years to file their claim of unpaid overtime against their employer.
Employers often look for ways they think they can cut corners. They usually have a team of attorneys who can advise them on what is legal and how likely they can get away with actions falling within a grey area. Therefore, their lawyers are ready with a defense when an employee wants to fight them on anything, including unpaid overtime. A top unpaid overtime attorney can make sure you are well represented. They can ensure you are prepared for anything your employers will say and do to avoid accountability for their actions.
There is hope if you or someone you know is owed the overtime pay they deserve. Some of the best unpaid overtime lawyers at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, Los Angeles, and San Francisco can help get you the compensation you deserve. Do not waste any more time. Call 800.809.2209 today for a free consultation.
Secretaries are usually hourly employees. Therefore, you may be entitled to unpaid overtime compensation if your employer classifies you as a salaried employee and has you work over 40 hours a week.
Overtime laws are clear. Each week is a separate entity when it comes to pay and compensation. Even if your employer pays you every two weeks, you must receive overtime for hours worked over 40 each week of the pay period. They cannot average your hours for the pay period.
Employee labor attorneys typically work on a contingency basis, meaning they do not make any money unless you win your case. They will also request that your compensation include attorney and court fees.
Court cases can take anywhere from a few months to a few years. If your employer is willing to cooperate, the case may end in a few months. However, if there are a lot of motions, a lengthy discovery process, and other unforeseen issues, your case may take a few years to reach a final judgment or settlement.
Yes, A settlement can occur anytime until the court gives the final judgment.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients’ needs.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t...
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t...
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t...
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
