RICHMOND — A former caregiver with the Terrebonne Association for Retarded Citizens (TARC) recently filed an unpaid overtime lawsuit against the organization claiming his employer failed to properly calculate his time and a half rate of pay. According to the complaint, the plaintiff worked two different roles with different rates of pay with TARC but was paid overtime based on his lower earning job, in violation of federal wage laws.
The plaintiff worked mornings as a cook for TARC during the week and as an in-home caregiver two or three evenings, each at different rates of pay. The plaintiff claims that her employer paid her overtime based on her cook job, rather than the more lucrative in-home caregiver position she worked to actually accrue those overtime hours.
Under the Fair Labor Standards Act (FLSA), when employees perform two jobs with different rates of pay, employers must pay overtime wages based either on an average of the two pay scales or the higher of the two. Furthermore, the FLSA requires companies to keep fair and accurate payroll records detailing all the employee’s hours worked and wages earned.
The unpaid overtime lawsuit against TARC seeks to not only recover wages for the plaintiff but also other similarly affected workers who may be victims of wage theft by the defendant. FLSA overtime suits can help groups of workers get their back pay, interest, liquidated damages, and attorneys’ fees to pay for the cost of litigation.
While many workers trust their employers, believing companies always follow the law, the sad truth is that many companies take advantage of this mindset to suppress wages and pad bottom lines at the expense of workers. Fortunately, wage theft victims can recover up to three years of unpaid overtime in these situations and hold wrongdoers accountable for their greed. Wage theft victims should strongly consider speaking to an experienced unpaid overtime attorney about their cases to discover their legal options and find out what they may be entitled to under the law.
Caregiver unpaid overtime lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.