Unpaid overtime prevents a lot of employees from earning their work’s worth. Taking advantage of employees’ productivity for increased profits and not compensating them for it is a form of wage theft. The pay rate for each hour of overtime is higher at about 1.5 times more than the average hour. Based on your annual income, you may or may not qualify for overtime pay.
You can take legal action against your employer for withholding wages from you within the statute of limitations. Each state’s laws differ regarding employment, wage, and overtime laws, and an employer defense attorney los angeles ca from that location can provide you with aid specific to them. An employment attorney New Jersey investigates your claim and assists you in solving every legal complication to attain compensation.
Ways employers evade paying for overtime work:
- Employees are supposed to be clocked in and out to keep track of their hours and paid accordingly. Employers might ask them to perform duties before or after the tracked period to receive no compensation.
- Certain employees are exempt from being paid for overtime, such as executives paid on a salary basis. They classify them under that category and do not pay them the minimum amount to be classified as a salary.
- They state that they cannot afford to pay them, and workers do not take action against them to keep their jobs.
- They are unaware of the regulations set regarding overtime.
What can you do?
- Eligibility: The Fair Labor Standards Act (FLSA) exempts employees such as outside salespeople and volunteers from being paid for overtime work. Employees that work for more than forty hours a week without fair compensation are eligible for unpaid overtime.
- Discuss: Sometimes, the employer might not be informed of the existing laws regarding overtime and unintentionally withhold wages. You can communicate with them and ask for fair compensation based on the hours you worked.
- Evidence: To prove your claim in court, you have to record the extra hours you worked along with the time, date, and lack of payment. It is essential to your case and helps estimate a fair reimbursement.
- Hire an attorney: You have the legal right to file a case against your employer for not paying you, insufficient pay, or delayed pay, and an attorney can help you take proper action based on your case. They are cost-effective, knowledgeable, and can help you compile the necessary information to win your case.