If you are a South Dakota employee who was not paid for working overtime, you may be able to file a South Dakota 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 Dakota Overtime Pay Lawsuit News
Related South Dakota Overtime Pay Lawsuit News
Check out our Final Rule illustration, and be sure to share the infographic with colleagues and employers who may be subjected to the new overtime pay laws.
Ending a legal battle between the United States Attorney’s Office (USAO), the United States Department of Labor (DOL) and business owner Jan Charles Gray, all parties have agreed to a consent judgement of $8,000 and a permanent injunction in South Dakota District Court, according to NBC South Dakota.
These questions and answers cover the details surrounding the final rule, and address what’s included in the final rule, as well as compliance and communication strategies, budget implications and possible morale and productivity issues.
PIERRE — If you are a South Dakota employee who was not paid for working overtime, you may be able to file an unpaid overtime lawsuit. These cases seek to force the employer, either past or present, to pay the employee the back unpaid wages for overtime hours that were not paid. Unpaid overtime lawsuits […]
PIERRE — The State of South Dakota has a minimum wage law that specifically sets how much a worker must be paid. However there are no laws that specifically set overtime pay. The laws that are in place are set forth by state statute and non-exempt employers must comply with these laws. There are numerous […]
Courts For Filing South Dakota 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 Dakota. 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 Dakota are located in Pierre, Rapid City, and Sioux Falls. 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 Dakota.
South Dakota Overtime Pay Lawsuit Compensation
The compensation sought in a South Dakota 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 Dakota Overtime Lawsuit Questions
You probably have questions about South Dakota overtime pay lawsuits. Our legal team will answer all of your questions and concerns, including:
- How do I file an South Dakota 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 Dakota 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 Dakota 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 Dakota Legal Resources
Our employment law lawyers file unpaid overtime pay lawsuits throughout the entire State of South Dakota, including: Sioux Falls, Rapid City, Aberdeen, Watertown, Brookings, Mitchell, Pierre, Yankton, Huron, Minnehaha County, Pennington County, Lincoln County, Brown County, Brookings County, Codington County, Meade County, Lawrence County, Yankton County, and Davison County.