Unpaid overtime is one of the most frequent wage violations in America. Whether it was an oversight or a deliberate attempt by your employer to save money, you should receive fair payment for every hour worked. If you have been doing extra hours with no pay, then it’s time to talk about hiring an unpaid overtime lawyer.
Knowing your workplace rights and deciding when to take legal steps is vital. In the current blog post, we will explain what qualifies as unpaid overtime. Signs of Adverse Victory are starting to pile up. Lawyers can act in unison with you to redeem some of the money that belonged to the company, which should have been paid to you.
What counts as unpaid overtime?
In most cases, a non-exempt employee is entitled to overtime pay after working more than 40 hours in one week. According to the Fair Labor Standards Act ( FLSA ), as well as California labor law, this should be paid at 1.5 times your usual wage, and even goes up in some cases; for instance, in California, extended hours: double pay.
Common unpaid overtime examples are:
- Working lunch and breaks without being paid
- Being expected to check and respond to emails or SMS (text messages ) after work hours
- “Off-The-Clock” duties such as preparation work and cleaning up afterwards
- Classified as either exempt or non-exempt from paying according to time worked, when you should be paid hourly
If any of these examples above sound familiar, intended or not, it is time to arrange a meeting with professional unpaid overtime lawyers.
Consider These 5 Pointers – When Is It Time for You to Get A Lawyer To Ask About Wages?
- Your Employer Often Makes You Work Off-The-Clock
If your employer insists that you arrive early or late, do work during meal breaks without clocking time, etc., then that is a warning signal. Use of off-the-clock labor is illegal, whether it has become a habit among employees and management confesses: “This is the way our team gets things done here”.
- Misclassified as Exempt and How to Fight Back
Many salaried employees are wrongly labeled “exempt” so that their employer can skip required overtime. Salary isn’t the same as being exempt. Nor is it fair to say because you hold a job title such as “manager.” The law looks at what you actually do all day, not just what your job title is.
- You’re Getting Ripped Off on Overtime Wages
If you work more than 40 hours a week (or 8 hours a day in California) and are not being paid time and a half, your employer could be breaking the law. An experienced unpaid wages lawyer can help calculate the compensation that is legally owed to you.
- Management or HR Dismisses Your Complaints
If you’ve raised the issue of missed overtime and your employer waves you off without a satisfactory answer or worse still, punishes you for speaking up, it’s time to call a lawyer. Retaliation is illegal, and a seasoned attorney in this area can help protect your job while seeking retribution.
- Others in the Office Have Faced the Same Problem
Wage violations often run in groups. If you are not the only one being shorted, a collective lawsuit might be feasible. An overtime unpaid wages lawyer can advise whether your circumstances justify a wider legal action.
How a Lawyer Can Help
A seasoned, competent lawyer will:
- See how the law applies to your hours, take into account any pay stubs that you can bring, and examine what you do all day.
- Check into whether you have been wrongly labeled as exempt, and if so, how much back pay might be coming your way.
- File a wage claim with the federal or state labor authorities
- Negotiate an appropriate settlement or proceed ahead in court
- Press for back wages at interest with potential penalties on your behalf
Unpaid overtime lawyers raise your prospects of success when bosses push back or fudge the truth.
What Happens If You Win an Unpaid Overtime Case?
When a jury or a judge rules in your favor, you may receive:
- Back pay and interest for all wages and overtime hours that reporting time
- Liquidated damages equal to the money your employer shortchanged you
- Interest on Unpaid Wages
- Attorney’s Fees and Legal Costs
- Job Protection or Reinstatement if there is Retaliation
California also imposes additional penalties on employers who willfully fail to pay overtime or provide itemized wage statements.
When to Take Legal Action
Wage and hour claims are time-sensitive. In California, you generally have three years to file a claim for unpaid overtime but the sooner you act, the better. Delays can make it harder to recover records or prove your case.
But if you’re uncertain whether your particular situation counts as one where extra wages are owed, calling up an unpaid wages lawyer for a quick meeting can make things clear and your mind rest easy.
Conclusion
You work hard and deserve every cent for your labor. If you’re losing out on overtime pay or your employer’s breaking labor laws, don’t pause any longer. Call an experienced unpaid overtime attorney lawyer now who will fight for you in court and help get back what you are owed.
The right lawyer can be just a phone call away and maybe the most vital step you take towards getting the money you’re owed.
