Yes, in most circumstances you can sue your employer for not paying you your overtime pay. The Fair Labor Standards Act (FLSA) classifies employees, and if you are considered a covered employee (non-exempt) under law you are required to receive overtime pay for all overtime hours worked. Overtime hours by law is any hours worked beyond a 40 hour work week is considered overtime work.
Many employers are fully aware that they are legally required to pay overtime, but either simply to refuse to pay those wages or intentionally misclassify an employee as “exempt” to avoid overtime. In fact, many employees who are paid a salary, instead of hourly pay, are still covered employees.
To determine if you can sue your employer for not paying overtime pay, call our unpaid overtime lawsuit attorneys at (855) 754-2795 for a free, no obligation evaluation of your case. We will explain your legal rights and determine if you are considered a covered employee under the FLSA. We will also determine if your employer has intentionally misclassified you so that they did not have to pay your overtime wages. Call today!