Edison Unpaid Overtime Attorney
The standard workweek, as specified by the Fair Labor Standards Act, is 40 hours per week. Legally, employees covered by this act must receive additional compensation for the hours they work beyond this threshold. This additional compensation is known as overtime pay.
Because overtime pay can be expensive for an employer, some employers attempt to save money by failing to pay overtime wages. This is a violation of the employees’ rights. Failing to pay an employee earned overtime wages can add up over the years, putting a significant dent in the employee’s lifetime earnings.
Who is Entitled to Overtime Pay?
Under the Fair Labor Standards Act (FLSA), qualifying employees must be paid one and one half times their regular wages for every hour they work beyond 40 hours within a seven-day period.
This does not mean an employee cannot be required to work more than 40 hours during a seven-day period. An employer may require this, but in doing so, the employer must pay overtime wages. The FLSA also specifies which employees are not entitled to overtime pay, including high-level executives.
How Do Employers Circumvent Overtime Laws?
There are numerous ways employers circumvent their overtime pay requirement. These include:
- Averaging employees’ hours over two-week work periods to determine how much to pay each week, rather than paying employees according to how their hours actually broke down during that time;
- Requiring employees to work through meal breaks, before punching in, or after punching out;
- Classifying employees as independent contractors; and
- Failing to include all payments in overtime pay calculations.
When an employee earns his or her regular wage, rather than one and one-half times that wage, for hours worked beyond a 40-hour workweek, his or her rights are being violated.
What to Do if you are Not Paid the Overtime Compensation you Earn
Keep records of the hours you work during each pay period and the paychecks you receive that do not reflect accurate earnings. These are the two most important pieces of evidence you can use to support your case.
Bring up the disparity to your supervisor before you take legal action against your employer. In many cases, unpaid overtime is a clerical oversight rather than a deliberate attempt to defraud an employee. If your company cannot fix the problem internally, discuss your case with an experienced employment lawyer. You could have grounds for an unpaid overtime claim with the New Jersey Department of Labor and Workforce Development. Through this claim, you can seek compensation for the payment you did not receive.
Work with an Experienced New Jersey and New York Employment Lawyer
You are entitled to be paid for every hour you work for your employer. When you do not receive the wages you earn, it can take legal action like an unpaid overtime claim or a lawsuit to get you your compensation. Contact our team of experienced employment lawyers at The Sattiraju Law Firm, P.C. today to set up your initial consultation in our office. We are a premier New York and New Jersey employment law firm that has secured tens of millions of dollars for previous clients.