June 30, 2024
Discovering you haven’t been paid for overtime hours can be both frustrating and concerning. This situation not only affects your financial stability but can also feel like a breach of trust between you and your employer. However, there are clear steps you can take to address this issue effectively.
Verify Your Overtime Eligibility
The first step is to ensure that you are eligible for overtime pay. Most hourly employees in the United States are entitled to overtime pay under the Fair Labor Standards Act (FLSA), which mandates that employees must be paid at a rate of one and a half times their regular hourly rate for all hours worked beyond 40 in a workweek. Some states have additional rules regarding overtime, such as higher pay rates or overtime owed for over 8 hours worked in a single day.
It’s important to confirm whether you fall into the category of an “exempt” or “non-exempt” employee. Exempt employees, who typically hold managerial or professional roles and meet specific salary thresholds, are not eligible for overtime pay.
Document Your Work Hours
If you confirm that you are non-exempt and eligible for overtime, the next step is to gather proof of the hours worked. Hopefully, you’ve been keeping detailed records of your work hours. If not, start immediately. Document your start and end times, any breaks taken, and the nature of the work performed during these times.
Know Your Rights
Familiarize yourself with both federal and state labor laws. Understanding these laws can help you better communicate with your employer and advocate for yourself effectively. If your employer disputes your claim or refuses to pay the owed overtime, knowing your rights is crucial for deciding how to proceed.
Seek Legal Advice
If discussions with your employer do not resolve the issue, it may be time to seek legal counsel. Your hourly wage lawyer can provide advice on how to proceed based on the specifics of your case. Attorneys like those at Eric Siegel Law can attest to the significance of legal guidance in resolving wage disputes. A qualified lawyer can help you understand your legal options and the best course of action, whether it’s filing a claim with the Department of Labor (DOL) or pursuing legal action in court.
Prepare For The Outcome
Resolving a dispute over unpaid overtime can take time, and the process may test your resilience. It’s important to remain patient and stay informed throughout the process. Keep in touch with your lawyer and respond promptly to any requests for additional information or documentation.
Lawyer Up And Get Started
Unpaid overtime is not just an inconvenience—it’s an infringement of your rights as a worker. Taking structured steps can not only help you recover the compensation you deserve but also reinforce the importance of fair labor practices.
Remember, you have the right to be paid for all the hours you work, and the law is on your side to support those rights. If you find yourself dealing with unpaid overtime, taking prompt and informed action is your best strategy to ensure a fair resolution.
