Can I file a lawsuit if I am entitled to overtime pay?
The federal overtime laws are contained in The Fair Labor Standards Act (FLSA). Each individual state in the U.S. may have its own set of overtime pay laws, however on a national level the FLSA does establish the standards for minimum wages, overtime pay, and who is entitled to overtime pay.
Under this act, certain employees must receive overtime pay for hours worked over 40 in a single workweek at a rate not less than time and one-half their regular rate of pay. It does not require employers to pay overtime wages for work performed on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
Who are these certain employees eligible to receive overtime pay? Under the FLSA, the Act classifies employees as either exempt or non-exempt. The difference between the two is their eligibility for overtime pay. An exempt employee is NOT entitled to overtime; where a non-exempt worker is entitled receive such benefits.
How do you determine if you are entitled to overtime pay? Just because your employer tells you you are not, or you are categorized as “exempt,” does not mean that you are not necessarily able to receive such benefits. In fact, the truth of the matter is that unfortunately many employers will purposely classify you as “exempt” to avoid paying you overtime wages, when in actuality you deserve payment for those overtime hours spent working.
The laws can get quite confusing and often times determination comes down to an individual’s job duties, pay, and other factors rather than just their actual job title. In addition and contrary to what many believe, salary workers and managers are not always exempted from overtime pay and may be entitled to receive such wages.
Determine if You Are Eligibile To Receive Overtime Pay
Due to the complexity of the overtime laws and the determination of whether or not an employee is eligible to receive overtime pay, it is important that you consult with an experienced unpaid overtime lawsuit attorney who has the knowledge and expertise to make a correct determination of whether or not you do quality to receive overtime pay.
For more information on your rights and to get help in determining if you can receive pay for all of your hard overtime hours worked, call our top rated law firm today at (855) 754-2795. We are interested in hearing from you and discussing your situation in more detail. We offer a free, no obligation wage review and will represent you under our No Win, No Fee Promise. This means there are no legal fees or costs until we obtain a settlement or recovery for you. Call now and find out if you have a claim!