If you are a South Carolina employee who was not paid for working overtime, you may be able to file a South Carolina unpaid overtime pay lawsuit. These lawsuits demand that the employer, either past or present, to pay the employee back unpaid wages for overtime hours that were worked but paid. Unpaid overtime lawsuits also seek payment of the attorney’s fees and expenses incurred in pursuing legal action.
Overtime is the amount of time an employee works beyond normal working hours. The Fair Labor Standards Act (FLSA) establishes a standard work week of no more than 40 hours per week for most employees. The federal law requires payment for time worked beyond 40 hours a week at a rate of no less than one and one-half times their regular rate of pay. Most workers, included many salaried workers, are eligible to receive paid overtime.
Employers who violate overtime pay laws can be sued by the employee for the unpaid time. Many of these cases are filed as class action lawsuits by a large number of employees against the same employer. An employer cannot retaliate an employee, like firing or disciplining the worker, if the employee files a lawsuit for unpaid wages. If there is retaliation, the employer may face additional charges in a civil lawsuit for wrongful termination.
South Carolina Overtime Pay Lawsuit News
Related South Carolina Overtime Pay Lawsuit News
A server at one of the finest restaurants in Charleston, South Carolina recently filed an unpaid overtime lawsuit against the company over claims that he did not receive all his wages and his employer set up an illegal tip pool to compensate ineligible workers.
MYRTLE BEACH, SC — Three former servers for a Myrtle Beach, South Carolina restaurant recently filed a collective action unpaid overtime lawsuit against the company claiming that the defendant violated federal wage and labor laws by requiring servers to split their tip earnings with the house.
PHILADELPHIA, PA — Hundreds of landscapers in an unpaid overtime collective action lawsuit recently secured a substantial $4.8 million settlement to resolve claims with their former employer over allegations that the defendant failed to pay overtime and other wages under federal labor laws.
CHARLESTON — A federal jury in South Carolina will likely decide the outcome of a class action unpaid overtime lawsuit brought by supervisors hired to oversee dockworkers loading and unloading cargo at the Port of Charleston over allegations that the plaintiffs’ employer failed to pay overtime wages.
RALEIGH — A group of South Carolina corrections officers may finally receive fair compensation to settle an unpaid overtime lawsuit claiming the county’s Department of Corrections failed to abide by the FLSA.
Courts For Filing South Carolina Overtime Pay Lawsuits
An unpaid overtime pay lawsuit is generally filed in the federal court or state circuit county court where the employer is located. In many cases, a large employer may have a number of offices, factories, hospitals, or warehouses throughout the State of South Carolina. In these situations, the lawsuit is usually filed in the county in which the employee worked at the time that overtime wages were not being paid. Federal court cases are filed at a specific district court in each state.
The Federal Courts in South Carolina are located in Charleston, Columbia, Florence, and Greenville. Most federal courts required that all lawsuits and legal pleadings be e-filed and there are strict procedures for filing court documents. There are court fees for both filing court documents and often for viewing court documents.
Most class action lawsuits (“collective action”) are filed in the federal courts. In some circumstances, a case may be filed in the county circuit court. The circuit county filing requirements often vary in each circuit court county courthouse throughout the state of South Carolina.
South Carolina Overtime Pay Lawsuit Compensation
The compensation sought in a South Carolina overtime pay lawsuit is money for the unpaid wages owed by the employer to the employee. Successful claims under the Fair Labor Standards Act (FLSA) can date back several years before the filing of the lawsuit and in many cases the employee can receive double the amount of back pay. Liquidated damages may also be allowed and many courts award the employee attorney’s fees, litigation expenses, and interest.
Commonly Asked South Carolina Overtime Lawsuit Questions
You probably have questions about overtime pay lawsuits in South Carolina. Our legal team will answer all of your questions and concerns, including:
- How do I file an South Carolina unpaid overtime lawsuit?
- How far back can I claim wages under the FLSA in a wage and hour lawsuit?
- Who is the best employment lawyer to file my overtime pay case?
- What are the legal fees for an overtime attorney?
- Can I join the class action overtime lawsuit against my company?
- What damages can I sue for in an FLSA case?
- How long does it take for an overtime lawsuit from start to finish?
How To File Your South Carolina Overtime Pay Lawsuit
Our experienced team of employment law attorneys will carefully evaluate your work situation and determine if you are owed back overtime pay from your employer. There area strict time deadlines under the statute of limitations for filing a claim. Your case will be lost forever if you wait too long to get started.
To file your South Carolina overtime lawsuit, you should contact our experienced attorneys now at (855) 754-2795> for a Free, No Obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an attorney will contact you shortly to explain your legal rights to you.
South Carolina Legal Resources
Our employment law lawyers file unpaid overtime pay lawsuits throughout the entire State of South Carolina, including: Columbia, Charleston, North Charleston, Rick Hill, Dutch Fork, Mount Pleasant, Greenville, Pontiac, Summerville, Spartanburg, Greenville County, Richland County, Charleston County, Spartanburg County, Lexington County, Horry County, York County, Anderson County, Berkeley County, and Aiken County.