Unpaid Overtime in the Workplace
Photo Credit: Unsplash | Updated: March 25, 2024
Claim Form Deadline: Ongoing
Estimated Payout: Varies
Proof required: Yes
What is the Unpaid Overtime in the Workplace Investigation?
If you believe your employer has failed to pay minimum wage or pay you for overtime hours you worked, you may have a claim against your employer under the Fair Labor Standards (FLSA) Act.If you believe you are entitled to unpaid wages, you can be potentially assisted in a number of different ways, including:
• Filing a claim for unpaid wages with the U.S. Department of Labor's Wage and Hour Division
• Seeking a settlement through mediation, and/or
• Filing a lawsuit on your behalf and on behalf of other employees in similar situations
What Does The FLSA Say About Paying Overtime?
The Fair Labor Standards Act is federal law that is meant to ensure the right of workers in the U.S. to a minimum wage and time-and-a-half overtime pay when a person has worked over forty hours a week. There are exemptions to this rule for certain types of employees including managers, certain professionals, executives, general contractors, and volunteers. Overtime must be paid on the usual payday for the workweek in which it was earned.In addition, each workweek in the pay period is considered in isolation when determining overtime pay. If an employee works 30 hours one week and 50 hours the next, ten hours overtime must be paid for the second week instead of averaging the hours to pay out two 40-hour weeks at base pay.
Sometimes, overtime is not properly paid because of misclassification of employees. Whether intentional or not, this is a violation of the law.
Under the FLSA, employers are also required to pay minimum wage. The federal minimum wage is currently $7.25 per hour, but many states have their own minimum wage policies that may apply to your situation.
How Do I Qualify for Compensation?
If you believe your employer isn't paying you the correct minimum wage, you can file a federal claim to recover up to $7.25 an hour; however, if your state's minimum wage is higher than the federal minimum wage, you can file a claim with your state’s Wage and Hour Division.How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:
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