What Can I Do If I’m Not Getting Overtime Wages?
Being paid overtime is a right for non-exempt employees. There is no reason that any employer should be able to deny you the overtime that you are owed for working beyond the 40 hours that you are contracted to work. When employers do not pay employees for the overtime hours that they have worked, this is a violation of federal law.
If you believe that you are not being paid fairly, you do have rights that you can exercise. There are complaints that need to be filed, and you should consider engaging a Hux Law Firm right away. Seeking compensation for the wages that you are owed is important, but you might also be entitled to damages and repayment of your lawyer fees.
What to Do First
The first thing that you need to do if you believe that you are not getting paid correctly for your overtime hours is to talk to your employer. They might have made an honest mistake, and they should be allowed the chance to rectify the problem.
If you have taken this step and there has been no resolution for the problem, you can move on to the next steps. These steps might include engaging a lawyer first, or you might want to file complaints first. There is a very specific complaint that you will need to have on record, and you must take care of filing this complaint right away to avoid issues related to the stated timeframes for reporting.
You will file your complaint with the Department of Labor’s Wage and Hour Division, or you can also file a claim with your state department of labor. These are the agencies that are responsible for investigating the situation and for ordering your employer to pay you back for the money that you are due and to release damages and other settlement fees to you.
Hiring an attorney for this kind of case is very important. Most attorneys will work on these cases on a contingency basis and agree to be paid when your settlement is finalized. As mentioned before, many of these cases include the option to ask that your legal fees be covered as part of your settlement.
How Do I Know If I Am Owed Overtime Wages?
Almost all employees are considered standard employees under the FLSA. These employees are owed overtime when they work more than 40 hours a week. There are some key job types that are not eligible for overtime pay. These jobs are considered exempt jobs. Most of these jobs are paid in excess of $100 an hour, and they might have specific definitions that impact the way that they are paid.
Railroad workers commonly fall into this category and are not owed overtime wages, and agricultural jobs are often exempt as well. If you think that you are not being paid properly, the first thing to do is make sure that you know what kind of employee you are. This can help you to decide if you are owed overtime or not.
The salary level test can be a big help with this process. Employees who are paid less than $35,568 per year, which is $684 per week, are non-exempt. Anyone making more than $100,000 per year is almost always going to be exempt. These are the easiest ways to figure out what kind of worker you are, but your employer should also have a set job definition in place for your role that states if you are exempt or not.
Asking for a copy of your job description can be a big help if you are trying to decide if you should be paid overtime for work that you have done. You should be able to see what category your job is in based on your employer’s record-keeping with ease if you have your job description in hand.
Contact Us If You Are Not Being Paid Fairly
If you believe that you are not being paid fairly, reach out to us today. Our skilled team can help you defend your right to overtime pay, and they will work hard to get you the back pay that you are due. You might also be entitled to double the payment in damages and to payment of your legal fees related to your case.
You do not have to stand for being paid unfairly, and we can help you to get the compensation that you are owed.
