WASHINGTON D.C — Compensation in unpaid overtime pay lawsuits is determined by a federal statute, The Fair Labor Standards Act (FLSA). Some states have their own specific laws in addition to the FLSA. Compensation from settlements in overtime pay lawsuits can be significant.
To determine the amount of overtime pay that you are owed from your past or present employer, you first must establish that you are entitled to receive overtime pay wages. The Fair Labor Standards Act (FLSA) requires that covered, nonexempt employees in the United States be paid at least the federal minimum wage for each hour worked and receive overtime pay at one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek. It must be established that your particular job does qualify under the law. Our lawyers will discuss your job and duties with you to determine whether you can make a claim for unpaid overtime pay.
If we have determined that your job qualifies for overtime pay and that you have worked beyond the regular workweek limit, the next step is to determine the actual amount of your wage. This is not always just your salary or hourly rate of pay, but can include other payments or goods furnished by your employer, such as lodging which must be added to your earnings before your rate of pay is determined. There is also a method of determining your rate of pay if you get paid by commission, piece-rate or on some other basis. This often requires an accountant to establish your actual wages for calculating overtime pay.
Once your number of overtime hours and rate of pay are determined, your compensation is generally calculated by taking your rate of pay and multiplying your determined wage time one and a half, or 1.5 times your rate of pay. In most states, you seek this back overtime wages for the two year period before a lawsuit is filed and those continue into the future until your case is resolved. These amounts are often significant and you are entitled to them under federal and state laws.
Call our experienced unpaid overtime pay attorneys today at (855) 754-2795 and we will determine your compensation owed from your past or present employer. We will represent you under a no win, no fee basis which means you pay no legal fees or costs unless you receive a settlement. There are strict time deadlines for filing overtime lawsuits so it is important that you call today.