When Is Overtime Pay Required From Employers?
WASHINGTON D.C — Overtime pay is required from your employer in most circumstances when an employee works more than forty hours a week. 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 fully aware that they are legally required to pay overtime, but either simply to refuse to pay those wages or intentionally misclassify an employee as “ exempt” to avoid overtime.
The overtime rate of pay that employers are required to pay is one and a half times (1.5 times) the regular hourly wage. Salaried employees who work more than 40 hours in a single workweek are often frequently entitled to overtime pay. Claims for unpaid wages can often be sought dating two years back from the filing of the lawsuit and continue into the future until the lawsuit is resolved. There are some states that permit the claims to seek unpaid wages even more than two years in the past.
Not every employee who works more than a 40 hour week is entitled to overtime wages. There are specific occupations and jobs are “exempt” under the law, which means that 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. In some professions, like nursing, there are certain employees who must be paid overtime pay and others who are not. An experienced attorney can tell you if your job qualifies for these wages.
When an employer is required to pay overtime but does not, the best legal recourse is often the filing of an unpaid overtime lawsuit. The money damages awarded to the employees include difference the amount the employee was paid and the amount they should have received had their waged been calculated properly. In many cases, the employee is also awarded the payment of attorney’s fees and litigation expenses.
There are two ways to sue your past or present employer for unpaid overtime pay. These lawsuits can be filed as individual lawsuits class action lawsuits. 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 unpaid overtime pay lawsuit attorneys will provide you with a FREE, NO OBLIGATION CASE REVEW to determine if your employer failed to pay your required overtime wages. We advise you if it is in your best interest to file an individual overtime lawsuit or participate in a class action case. We will represent you on a “No Win, No Fee” basis, which means there are no legal fees or expenses unless we win a settlement for you. Call our qualified overtime lawsuit attorneys now at (855) 754-2795 to see if you have a claim and to get started on your case today.