WASHINGTON D.C — Overtime lawsuits under Fair Labor Standards Act (FLSA) are filed by employees against their employers who violate the Fair Labors Standards Act. An overtime lawsuits seeks compensation for unpaid wages required under the Fair Labor Standards Act. Overtime lawsuits seek money damages for unpaid or underpaid wages in the past, present and until the lawsuit is settled. Settlements can include the payment of attorney’s fees and litigation costs beyond the payment of back wages. Many overtime lawsuits also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.
Common Overtime Pay Lawsuits Under the FLSA are brought because the employer:
- Misclassifies workers as independent contractors to avoid overtime pay, including construction workers, cable installers, janitors, utility workers, and other employees.
- Misclassifies the job title of an employee to avoid paying overtime pay
- Fails to pay for travel time between job assignments or work locations
- Fails to pay for break time and lunch breaks
- Fails to pay for pre-shift and post-shift work requirements and obligation, like booting up or shutting down a computer, putting on protective equipment, or otherwise preparing for a work day
- Fails to pay for off-site work such as mandatory cell phone calls from clients after hours
- Fails to properly calculate an employee’s rate of pay, especially those employees who receive commission wages or those who earn tips, like waiters, waitresses, servers, bellhops, and other service employees
- Fails to pay salaried workers overtime pay wages for working more than 40 hours a week.
An overtime pay lawsuit for violations of the FLSA can be filed as a class action lawsuit or as an individual case for a single employee. If a class action lawsuit has been filed, many times the employee can opt out of the class action case and file an individual lawsuit. Every case is different and it may be in the workers best interest to be in a class action in certain cases but not in others. A qualified FLSA overtime lawsuit attorney can determine which is the best option for your case.
Filing an FLSA Overtime Pay Lawsuit
Not all employers are required to pay overtime under the FLSA and not all employees are entitled to overtime pay. The federal statute has specific guidelines and rules that apply to overtime pay and an experienced FLSA lawsuit attorney can review a particular work situation to determine whether there has been a violation of the Act. There are strict time deadlines for filing FLSA overtime lawsuits so it is essential that you speak with an attorney today.
Our experienced and qualified team of attorneys will provide you with a FREE CONSULTATION on your claim and if we accept your case, we will not charge any legal fees or costs unless we are successful in winning you a settlement. Call us today at (855) 754-2795 to discuss your case right now!