Overtime Pay Lawsuits: How To Sue For Unpaid Overtime Wages
If you are working overtime hours at your job and your employer is not paying you overtime wages, you do have legal rights. The federal overtime pay laws permit employees to recover unpaid overtime wages beginning two years before a lawsuit is filed and continuing forward into the future until your case is resolved. For many workers just like you, this can mean thousands of dollars in underpaid wages that the employer owes you for work already performed.
Fair Labor Standards Act (FLSA) Overtime Pay Laws
The Fair Labor Standards Act (FLSA) requires that employees must receive time-and-a-half pay for hours worked over 40 during one workweek. If an employer falls within the FLSA, the following classes of workers are automatically eligible for overtime pay, regardless of how much they earn:
- “Blue collar” workers or other manual laborers who perform work involving repetitive operations with their hands, physical skill and energy.
- Police officers, fire fighters, paramedics, EMT’s, and other “first responders.”
- Registered Nurses (RN), Licensed practical nurses (LPN), & Certified Nurse Assistants (CNA)
- Homecare Workers, Home Health Aides, Companion Caregivers, Direct Care Workers, & Respite Workers
- Call Center Employees, Remote Agents, Telemarketers, Telecommuting Jobs, & IT Service Technicians
- Store Managers & Assistant Managers at Super Markets, Grocery Stores, and Retail Stores
- Truck Drivers, Tow Truck Drivers, and Roadside Assistance Drivers
- Factory Workers, Oil Field Workers, and Utility Workers
- Delivery Drivers, Armored Truck Drivers & Bus Drivers
- Restaurant Workers, Fast Food Workers, Waiters, Waitresses & Cooks
- Dancers, Entertainers, Cheerleaders, & Exotic Dancers
- Interns, Unpaid Internships, Bank Tellers, & Paralegals
An employer can only deny overtime pay to a certain class of employees, known as “exempt” from the statute. Employees that fall within the exemption include a salaried employee making more than $455 per week AND the job meets one of the five exemption categories: executive exemption, administrative exemption, learned professional exemption, computer employee exemption and the outside sales exemption. To see if your job is exempt from overtime pay, see our FLSA Overtime Exemption page.
The disturbing fact is that most employees in the United States are not even aware that they are being underpaid by their employer. Many employers illegally withhold overtime pay for the following unlawful reasons:
- Forcing employees to work “off-the-clock”
- Averaging work hours over two work weeks to avoid overtime pay
- Refusing to pay overtime wages because the employee did not obtain permission to work additional hours beyond the normal schedule.
- Failing to pay workers for breaks lasting between 5 and 20 minutes; meetings; training sessions; take-home work; and some on-call time.
- Misclassifying employees as “exempt” from overtime wages even though they are not exempt
- Paying employees “comp” time instead of overtime wages
Common Overtime Pay Questions
Filing an Unpaid Overtime Pay Lawsuit
If you suspect that your employer is denying you overtime pay or has not paid you overtime wages in the past, you may be entitled to file an overtime pay lawsuit. These lawsuits can provide you with significant compensation for your unpaid wages and often include payment of penalties, liquidated damages, interest, and attorney’s fees. Many overtime lawsuits are filed as class action lawsuits by a group of employees against their employer and you can often choose to join that lawsuit or file your own separate claim.
To determine if you have an unpaid overtime lawsuit and which legal option is best for you, you should speak with an unpaid overtime lawsuit lawyer immediately. Every day that you wait to speak with a lawyer may be costing you significant money. Our experienced and qualified legal team with provide you with a free consultation on your claim and if we accept your case, we will not charge any legal fees or costs unless we are successful in winning you a settlement. Call us today at (855) 754-2795 to discuss your case right now!
Overtime Laws ❯❯Federal and state overtime pay laws impose a weekly standard for most employees working more than 40 hour workweek.
Wage & Hour Laws ❯❯Wage and hour laws require that most employees be paid the minimum wage, overtime, meal and rest breaks, and vacation pay.
Fair Labor Standards Act (FLSA) ❯❯The Fair Labor Standards Act (FLSA) set minimum wage & overtime pay for government and private business employees.
Overtime Employees ❯❯Most employees should receive overtime pay and can file a lawsuit for unpaid overtime wages.
Lawsuits for Overtime Pay ❯❯Unpaid overtime lawyers file claims against employers who fail to pay overtime wages to workers.
Overtime Pay Lawyers ❯❯Overtime pay lawyers filing class unpaid overtime claims and class action lawsuits.
Recent Overtime Pay Blog Posts
DALLAS — Brinker International, Inc. (Brinker), a Dallas corporation is facing a serious wage and hour lawsuit that alleges violations of the Fair Labor Standards Act (FLSA) and other state wage and hour laws. read more →
LOS ANGELES — The California General Assembly will soon vote on a measure that would eventually extend farmworkers the same overtime pay standards as most hourly workers across the country. read more →