Are you looking for a way to recover unpaid overtime wages? Do you feel like your employer is taking advantage of you by not paying the extra hours that you work? If so, then this article is just what you need. In it, we will discuss everything you need to know about how to recover unpaid overtime and your rights as an employee under federal law.
Firstly, let’s start with understanding what overtime means. Overtime refers to any time worked beyond the standard 40-hour workweek. Under federal law, employees who work more than 40 hours in a week are entitled to receive overtime pay at a rate of one and a half times their regular hourly rate. This applies regardless of whether they are salaried or hourly workers. However, there are some exceptions to this rule, such as certain types of executive, administrative, and professional employees who may be exempt from overtime laws.
So, if you believe that you have been working overtime without being paid properly, here are some steps you can take:
- Keep track of all the hours you work – Make sure to keep accurate records of the number of hours you work each day and each week. You should also note down when you started and finished work, including breaks taken during the day.
- Check your contract – Look through your employment contract to see if there are any clauses related to overtime pay. It could be that your company has its own policies regarding overtime compensation.
- Contact your HR department – Speak to someone in your Human Resources (HR) department to find out why you haven’t received payment for your overtime work. They might be able to explain the reason behind it and help resolve the issue quickly.
- File a complaint with the Department of Labor – If you aren’t satisfied with your company’s response, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The division enforces federal labor laws, including those related to overtime pay.
- Consider legal action – If none of these options works, you may want to consider hiring an attorney to represent you legally. A lawyer experienced in employment law can advise you on your next steps and help you seek justice for the money owed to you.
Now, let’s move onto another important topic – knowing your rights as an employee under federal law. As an employee, you have certain protections afforded to you by law. Here are some key areas where you should be aware of your rights:
- Discrimination – Federal law prohibits discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, and retaliation. Your employer cannot treat you differently because of any of these factors.
- Harassment – Similarly, harassment based on any of these protected categories is also illegal. If you experience unwelcome conduct that creates a hostile work environment, you should report it immediately.
- Safety and Health – Employers must provide safe and healthy workplaces free from recognized hazards. Additionally, they must follow OSHA standards and regulations to ensure worker safety.
- Pay and Benefits – As mentioned earlier, you are entitled to overtime pay if you work more than 40 hours per week. You should also receive minimum wage and benefits such as health insurance, vacation days, and sick leave.
- Leave – The Family Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of job-protected leave for specific family and medical reasons. During this period, your employer must continue to pay your health insurance premiums.
In conclusion, if you suspect that your employer is violating your rights or failing to pay you proper overtime wages, don’t hesitate to take action. Knowledge is power, and understanding your rights as an employee can help protect you against unfair treatment. call Lytle & Barszcz at 1-855-LYTLE-LAW (1-855-598-5352) or 407-622-6544 TODAY. Your conversations with our firm are confidential! Our consultations are free!