Dalton Unpaid Overtime Lawyer
If your employer is not giving you your overtime pay, they may be committing a crime. If you are not receiving the overtime pay to which you are entitled, you may be able to file a claim to recover your missing wages.
A Dalton unpaid overtime lawyer can review your claim to help you determine your options. If they determine your case is viable, a seasoned FLSA attorney could help you receive the compensation you worked hard for and deserve.
What Overtime Pay is Necessary Under the Fair Labor and Standards Act?
Under the federal Fair Labor and Standards Act (FLSA), employers must pay eligible workers 1.5 times their regular wage, or time-and-a-half, for overtime worked beyond 40 hours per week.
Overtime does not apply to weekends or holiday work per se unless that work is beyond the 40-hour limit. The FLSA also usually requires that overtime pay is paid on the regular payday for that work week.
Who is Exempt from Receiving Overtime Pay in Dalton?
Not every worker falls under FLSA when it comes to overtime. As a Dalton unpaid overtime lawyer might explain, employees in the following positions are not covered:
- Executives
- Professionals
- Administrators
- Teachers
- Executive Managers
- Some IT workers
- Sales people working on commission
- Most truck drivers
- Farmworkers
Common Practices in Violation of Overtime Laws
Employers may try to get around overtime laws via various practices. One of the most common is offering comp time in lieu of overtime wages, but that is not legal unless the employee works for a local or state government agency.
There are several other common scenarios that may result in an employee not receiving their overtime pay. The first is claiming a worker is an independent contractor when they do not meet the criteria. The second is providing a worker with a managerial title and salary since these positions are exempt from overtime laws, when the worker is not really a manager.
The third scenario is averaging hours over two workweeks, so the total does include overtime performed for one week. Other employers may not include cleanup or prep time as part of overtime or make their employees work off the clock. Workers who believe they have been deprived of their rightful overtime must make a claim within two years of the overtime not being paid. A Dalton unpaid overtime attorney could help individuals file a claim.
Do Salaried Employees Earn Overtime?
Just because an employee receives a salary rather than an hourly wage does not necessarily mean they are not subject to FLSA overtime laws. For example, a salaried employee may have a title that would ordinarily exempt them from overtime requirements, but the title does not reflect their actual job duties.
A manager is someone who supervises at least two employees daily. If that is not the case with someone with a manager job title, the person may prove subject to overtime payment requirements.
Available Compensation for Unpaid Overtime
Damages for unpaid overtime violations include not only payment of the overtime owed, but an amount equal to that which was not paid. Damages also include attorney fees and court costs.
An employer found to have withheld overtime is subject to up to $10,000 in fines for an initial violation. Subsequent violations can land the employer in jail.
Working With a Dalton Unpaid Overtime Attorney
A Dalton unpaid overtime attorney can diligently research an employee’s claim, and if found valid, can fight aggressively for workers to receive the overtime money owed them, along with any damages.
If you are the victim of an employer who did not pay overtime, you may need the services of a Dalton unpaid overtime lawyer. Set up a free initial consultation to determine your options.
