If you are a West Virginia employee who was not paid for working overtime, you may be able to file a West Virginia 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.
West Virginia Overtime Pay Lawsuit News
Related West Virginia Overtime Pay Lawsuit News
A West Virginia federal jury recently handed down a verdict against an Elkins-based embroidery company accused of underpaying dozens of disabled employees working for the business.
West Virginia nursing home recently agreed to a settlement with the U.S. Department of Labor to resolve allegations that the company violated federal wage and labor laws by failing to pay workers overtime wages.
Charleston– A former police officer with the Martinsburg, West Virginia police department recently filed an unpaid overtime lawsuit against the city claiming he is owed years of unpaid wages for his work in a K9 unit assigned to him.
CHARLESTON — A federal judge hearing an unpaid overtime lawsuit brought by two former exotic dancers recently entered a stay in the case to allow the two sides to enter mediation in an attempt to resolve the claim.
CHARLESTON — The city of Williamson, West Virginia recently filed its response to an unpaid overtime lawsuit brought by several officers claiming the defendant altered its pay schedule to reduce regular and overtime wages in violation of the West Virginia Wage Payment and Collection Act (WPCA).
Courts For Filing West Virginia 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 West Virginia. 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 West Virginia are located in Beckley, Bluefield, Charleston, Clarksburg, Elkins, Huntington, Martinsburg, Parkersburg, and Wheeling. 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 West Virginia.
West Virginia Overtime Pay Lawsuit Compensation
The compensation sought in a West Virginia 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 West Virginia Overtime Lawsuit Questions
You probably have questions about overtime pay lawsuits in West Virginia. Our legal team will answer all of your questions and concerns, including:
- How do I file an West Virginia 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 West Virginia 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 West Virginia 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.
West Virginia Legal Resources
Our employment law lawyers file unpaid overtime pay lawsuits throughout the entire State of West Virginia, including: Charleston, Huntington, Parkersburg, Morgantown, Wheeling, Fairmont, Weirton, Middletown District, Martinsburg, Kanawha County, Berkeley County, Cabell County, Wood County, Monongalia County, Raleigh County, Harrison County, Mercer County, Marion County, and Putnam County.