Steps to Take If Overtime Rights Violations Are Suspected

Summary: Employers may try to avoid overtime obligations, engaging in egregious forms of wage theft. If you are a nonexempt employee, you should be paid properly for every overtime hour you work. Contact an unpaid wages attorney today about the steps to take if overtime rights violations are suspected. 

The Fair Labor Standards Act (FLSA) is an important federal law that establishes numerous key protections for workers across a variety of industries. These protections include minimum wage rights and overtime pay rules. Under the FLSA, all covered, nonexempt workers are entitled to overtime wages. 

If a company fails to pay overtime or leverages illegal tactics like timesheet manipulation to reduce its overtime pay obligation, workers have the right to take legal action. An attorney can investigate your situation and offer advice about the right steps to take if overtime rights violations are suspected.  

Important Overtime Laws and Common Violations

Many but not all employees are entitled to overtime pay. As a matter of both state and federal law, nonexempt employees are always eligible to receive overtime for all hours worked beyond 40 hours per week. 

When an employer does not pay or underpays wages, this can lead to wage theft involving both straight time and overtime. Employers frequently misclassify workers as exempt to try to avoid overtime pay obligations. Other common overtime violations include: 

• Failing to count all hours worked
• Miscalculating hourly rates for the purposes of overtime pay 
• Failing to provide proper meal and rest breaks
• Requiring employees to work off-the-clock
• Miscategorizing employed workers as independent contractors 
• Illegal time clock rounding 
• Paying a day-rate with no additional pay for overtime
• Paying straight time for overtime 

Nonexempt employees can be paid in a variety of methods—including an hourly, salaried, piece-rate, day rate, or commission basis, but regardless of pay method, must be paid at least time and one half for all overtime hours worked. On the other hand, exempt employees are not entitled to overtime pay even if they work more than 40 hours a week. 

Common examples of roles that fall into overtime exemptions include:

• Executive employees
• Certain administrative and professional employees
• Outside sales workers
• Other highly compensated jobs

However, neither a job title nor a certain salary threshold alone is sufficient to exempt a worker from overtime pay. 

If you believe your employer is wrongfully denying you overtime, you should consult with an attorney who can explain your potential recourse against these violations and what steps to take next to preserve your rights. 

Steps to Take When Overtime Rights Violations Occur

An experienced lawyer can spearhead an investigation and carry out the next steps on your behalf in situations involving suspected overtime violations. One of the first steps will be to determine whether you are classified as an exempt or nonexempt employee. 

If you qualify for overtime as a nonexempt worker, an attorney can help you file a complaint or pursue a lawsuit for unpaid overtime. A lawyer can also handle all communication with your employer and serve as a legal advocate throughout the process. 

An attorney can help collect a wide range of evidence to support your potential claim, including:

• Information on potential overtime wages owed
• Employment records for hours worked
• Pay stubs
• Correspondence with your employer

A lawyer can also comb through employee handbooks and company policies, as well as other documentation, to establish the basis of a claim and aid in defending your wage dispute. 

If successful in your overtime claim, you could be entitled to numerous forms of monetary compensation, such as:

• Unpaid wages
• Liquidated (double) damages
• Interest
• Attorneys’ fees 

Call an Attorney About Suspected Overtime Rights Violations

One of the most important steps to take if overtime rights violations are suspected is to consult with an attorney to make sure you understand your best legal options. Employees who are unlawfully deprived of overtime pay may be entitled to back wages, as well as additional monetary damages such as interest and attorneys’ fees. 

You do not have to face your employer or the legal system alone. An attorney with a wide range of experience handling overtime wage theft cases and other employment law matters can manage every aspect of your case, and work on a contingent fee basis. A lawyer can also pursue the full measure of compensation you may be entitled to receive for overtime rights violations you have suffered. 

Contact us using our online chat or form to request your free and confidential review.