Sue For Overtime Pay & Unpaid Wage Lawsuits
WASHINGTON D.C — If you have worked overtime hours and not been paid those wages by your employer, you may be able to sue for overtime pay and unpaid wages. Under federal law, an employer is required to pay a “non- exempt” employee overtime pay for hours worked beyond a 40 hour work week. Many employers are aware of their legal obligation to pay those wages, but only agree to them when an employee files a lawsuit to sue for overtime pay.
Certain occupations and jobs are “exempt” under the law and overtime pay is not required for those employees. The federal laws specifically sets forth which types of job categories or employees to receive overtime pay. Many times, an employer will misclassify an employee’s job title to avoid paying overtime but the laws prevent this type of practice.
The Fair Labor Standards Act (FLSA) sets mandatory minimum wage rates and requires most employees, who are known as “non-exempt,” to receive overtime pay for each hour worked over 40 in a single workweek. The overtime rate of pay that employers are required to pay is one and a half times (1.5 times) the regular hourly wage or similarly calculated compensation for a salaried employee who works more than 40 hours in a single workweek. Claims for unpaid wages can often be sought dating two years back from the filing of the lawsuit and continue forward until the case is settled. In some states, certain laws permit the claims to seek unpaid wages even more than two years in the past.
Unpaid overtime lawsuits often result in significant settlements and compensation to the employee. The money damages awarded to the employee include difference the amount the employee was paid and the amount they should have received had their waged been calculated properly. Employees can also recover an equal amount as liquidated damages or interest, as well as attorneys’ fees.
For example, if an employee is awarded $10,000.00 in back unpaid overtime pay, the employee may also be entitled to an additional $10,000.00 in liquidated damages, bringing their total settlement to $10,000.00. The employee can also receive compensation for out-of –pocket legal expenses plus an award of attorney’s fees from the court.
There are two ways to sue for unpaid overtime pay. These lawsuits can be filed as individual lawsuits or collective actions, also known as “class action lawsuits.” The Fair Labor Standards Act (FLSA) provides employees the right to a file private action against an employer for unpaid minimum wages and overtime pay. These lawsuits are brought by one employee against the employer and other similarly situated employees have no involvement in the case.
If multiple employees at the same business have unpaid overtime claims, they may be able to file a class action lawsuit to recover their unpaid wages. These class action lawsuits are filed by the entire group and provide each employee with more strength in numbers to fight against a large business and their high paid legal team. An employee can also join an existing class action lawsuit if it has already been filed for unpaid overtime pay.
Our experienced overtime pay lawsuit attorneys will provide you with a FREE CONSULTATION to determine if you have a case for unpaid overtime or wages and will advise you if it is in your best interest to file an individual Wage and Hour lawsuit or participate in a class action case.
We handle these cases on a “No Win, No Fee” basis, which means that you pay absolutely no legal fees or expenses unless we win a settlement for you. Call our experienced unpaid overtime lawsuit attorneys now at (855) 754-2795 to see if you have a claim and to get started on your case today.