What is the Process for Seeking Unpaid Overtime?
Have you worked overtime hours but not received appropriate pay for that time? Under the federal Fair Labor Standards Act (FLSA), non-exempt employees who work more than 40 hours during a workweek are owed 1.5 times their regular rate of pay for any “overtime” hours. For example, if an employee earns $30 per hour and works 5 overtime hours for a total of 45 hours in one workweek, they would be owed wages totaling 40 hours at $30 per hour ($1,200) plus 5 hours at $45 per hour, which is 1.5 times $30 ($225) for a total of $1,425.
Whether you were not paid at all for your overtime hours or you were not paid at the additional overtime rate of 1.5 times your regular rate of pay, you may be able to take legal action. What is the process for seeking unpaid overtime? Our Palm Beach Gardens wage theft lawyers can explain in more detail below.
Work with an Attorney to Determine Your Status as a Non-Exempt Employee
First, you should get in touch with a wage and hour attorney who can help you to confirm your employment status and whether you are owed overtime wages.
Under the FLSA, only non-exempt employees must be paid overtime. Employees who are considered exempt — based on their method and amount of pay, as well as the type of job they do — are not owed overtime wages. Sometimes employers misclassify employees to avoid paying overtime wages, so even if your employer has told you that you are “exempt,” you should still speak with a lawyer.
Gather Evidence of Your Hours Worked
If you are likely owed overtime wages, you should then work with your attorney to gather evidence of the overtime hours you worked for which you should have been paid. You may have hard-copy or electronic records, clock-in and clock-out data, security badge swipe data, or other information that can show you worked overtime hours and are owed additional wages.
File a Claim Before the Statute of Limitations Runs Out
Claims can be filed under Florida law or through the US Department of Labor. Generally speaking, you will need to file your case within two years from the date of your employer’s legal violation — meaning the date that you should have been paid overtime wages but were not. In some cases, where you can show that an employer’s decision against paying overtime wages was willful, you may have three years to file your claim. However, you should not wait and should move forward as quickly as possible.
Contact a Palm Beach Gardens Wage and Hour Lawyer for Help with Your Unpaid Overtime Claim
If you were not paid for overtime hours you worked and you believe you are a non-exempt employee who is owed overtime wages, it is important to seek legal advice as soon as possible. With help from a lawyer, you may be able to have your employer remedy the issue quickly if a genuine error occurred. If your employer will not pay you what you are owed, we can help you to move forward with a wage theft claim. One of the experienced Palm Beach Gardens wage and hour law attorneys at Sconzo Law Office can speak with you today about the details of your case, including the evidence you have and your options for moving forward with a claim to obtain the wages you are owed. Contact us today to get started.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.110.html
dol.gov/agencies/whd/wow
