Unpaid Overtime Lawsuits
The Fair Labor Standards Act (FLSA) sets mandatory minimum wage rates and requires most employees, who are known as “non-exempt,” to receive overtime pay for each hour worked over 40 in a single workweek. Employers who refuse to pay overtime wages in violation of the federal laws can be sued in an overtime pay lawsuit. These cases are often referred to as “Wage & Hour Lawsuits” because they seek compensation for unpaid overtime hour wages.
Employers are required to pay one and a half times the regular hourly wage or similarly calculated compensation for a salaried employee who works more than 40 hours in a single workweek. In most cases, claims for unpaid wages can be sought for two years before the filing of the lawsuit and continue until the case is resolved. In some states, certain laws permit the claims to seek unpaid wages even more than two years in the past. These unpaid overtime lawsuits often result in significant settlements and compensation to the employee.
Under the federal statute, the money damages awarded to the employee include difference the amount the employee was paid and the amount they should have received had their waged been calculated properly. Employees can also recover an equal amount as liquidated damages or interest, as well as attorneys’ fees. For example, if an employee is awarded $5,000.00 in back unpaid overtime wages, the employee may also be entitled to an additional $5,000.00 in liquidated damages, bringing their total settlement to $10,000.00. The employee can also receive compensation for out-of –pocket legal expenses plus an award of attorney’s fees from the court.
Your employer cannot retaliate against you for pursuing a Wage and Hour lawsuit for unpaid overtime wages. Employers may not demote, reduce an employee’s hours, assign an employee an undesirable shift, reduce job duties, or give intentionally false poor performance reviews when a claim is filed. If an employer does retaliate for the brining of a claim, there can be additional compensation awarded to the employee.
Wage and Hour lawsuits can be filed as individual lawsuits or collective actions, also known as “class action lawsuits.” The FLSA provides employees the right to a file private action against an employer for unpaid minimum wages and overtime pay. These lawsuits are brought by one employee against the employer and other similarly situated employees have no involvement in the case.
If multiple employees at the same business have unpaid overtime claims, they may be able to file a collective Wage and Hour action to recover their unpaid wages. These class action lawsuits are filed by the entire group and provide each employee with more strength in numbers to fight against a large business and their high paid legal team. An employee can also join an existing class action lawsuit if it has already been filed for unpaid overtime pay.
Our experienced overtime pay lawsuit attorneys will provide you with a FREE CONSULTATION to determine if you have a valid unpaid overtime claim and will advise you if it is in your best interest to file an individual Wage and Hour lawsuit or participate in a class action case. We generally handle these cases on a “No Win, No Fee” basis, which means that you pay absolutely no legal fees or expenses unless we win a settlement for you. Call our experienced unpaid overtime lawsuit attorneys now at (855) 754-2795 to see if you have a claim and to get started on your case today.