The federal Fair Labor Standards Act requires that employers must pay their employees a fair wage. Hourly employees may also be eligible to receive 1.5 times their standard hourly rate for any hours over their typical work week. While most employees are aware of these laws, they may not know about how their employers may be violating these laws. When employees fail to receive adequate compensation for their overtime work, they can file overtime wage claims against their employer.
Overtime wage claims empower workers to hold employers accountable for wage theft. If you’ve been robbed of compensation you’ve earned, file a claim to get what you deserve.
The FLSA establishes the required minimum wage rates for “non-exempt” employees. These employees must receive overtime pay for each hour worked over 40 hours in a work week. Workers who do not receive their required overtime pay can file overtime wage claims for unpaid overtime. Unpaid overtime claims cover any time that the employee works for the employer over and above the 40-hour work week, regardless of if the employee completes those task on the employer’s premises. Employees can also file overtime wage claims against employers for “off-the-clock” work.
Overtime Wage Claims and Minimum Wage Compliance
As of July 24, 2009, the federally-mandated minimum wage is $7.25 an hour. If a state has a higher minimum wage than the federal standard, the state’s minimum wage applies. When an employer fails to pay the required minimum wage, that employer engages is what is known as “wage theft”. Eligible employees who do not receive at least the required minimum wage can file overtime wage claims against employers engaged in wage theft. These employees can file overtime wage claims for back wages, attorneys’ fees and other damages.
Overtime Wage Claims and Exempt Status
Despite its confusing terminology, the FLSA defines “exempt” employees as those who are not eligible for overtime pay, while those defined as “non-exempt” are entitled to overtime wages. When an employer attempts to categorize a non-exempt employee as exempt, they may be doing so to avoid paying overtime wages. Employers that engage in this behavior may be subject to an overtime wage claims complaint.
Overtime Wage Claims and Other Types of Compensation
Hourly employees are not the only ones who can file overtime wage claims. Workers who receive their compensation in other ways can also be eligible to receive overtime wage claims benefits. Service industry workers who rely on tips may pursue legal action if they do not receive at least $5.76 an hour in overtime pay. Employers are also not allowed to receive money from service worker tips, either from the individual or from a tip pool. Employers who do so may also be targeted with overtime wage claims complaints.
Victims of Overtime Wage Claims
Numerous types of workers may fall victim to overtime pay manipulation. Employees can file overtime wage claims if they believe that they are entitled to receive overtime pay. These workers can include:
Construction Workers and Laborers
Oil and Gas Workers
Illegal and Undocumented Workers
… and many more
The types of behavior that can leave an employer as a target for overtime wage claims include:
Overtime Pay Miscalculation
… and many more
Know Your Rights in an Overtime Wage Claims Lawsuit
To find out how we can help you with an overtime wage claims lawsuit, contact us today at 877-892-2797. Our friendly staff will ask a few questions about your case and connect you to an overtime wage claims lawsuit attorney. You can also fill out the “Free Case Evaluation” form at the top of this page.