Posted on behalf of Arnold Law Firm
on April 26, 2023 in Wage and Hour Updated on June 2, 2023
If you are paid by the hour and you work more than 40 hours in a week, you must be paid one and a half times your regular rate of pay for every extra hour worked. Some employers do not do this, which is against the law. However, many workers often do not report these kinds of wage violations.
Below, we discuss some of the reasons why unpaid overtime often goes unreported. Sometimes employees are too scared to do anything, and other times employees may not know a wage violation has occurred.
Even those who are in a good place financially and have confidence in being able to find another job get concerned about losing their job. This is particularly true if you have been at your job for a significant amount of time and you are comfortable with it.
That may explain why employees are worried about their employers firing them in retaliation for reporting employment law violations, like unpaid overtime. It is easy to say retaliation for exercising your rights is against the law. However, if it happens, the employee will still need to fight back to remedy the situation. For some employees, the threat of retaliation may be enough to get them to back down.
For those living paycheck-to-paycheck, which describes many people in our society, losing their job or suffering some other form of retaliation that results in less take-home pay can be financially devastating. People could face eviction, repossession of their car, damage to their credit score or missed child support payments.
Not Knowing a Violation Occurred
Unfortunately, many people simply do not know when a violation has occurred. For example, employees are often misclassified as exempt from overtime pay. They may work overtime hours thinking they are exempt and not realize they have lost wages.
It is important to note employees do not become exempt from overtime pay simply because of their job title. Exemptions from overtime laws are based on the specifics of your job and the tasks you do and do not do.
Having the word “senior” or “management” in your title does not automatically mean you are exempt from overtime pay. If you receive substantial direction in your work and are not involved in hiring or firing other employees, it is unlikely you are exempt.
Thinking the Clock has Run Out
There is a deadline for filing a complaint about a wage violation. You must do so within two years of the violation, or three if it was a willful violation of the law by your employer.
In some ways, this is a significant amount of time. In other ways, this period could go by very quickly. Either way, it is important to contact an attorney right away, as it takes time to build a case and if you wait it may be difficult to accurately document the overtime hours you worked and the amount of money you are owed.
Employees may be unsure of the number of hours they worked and the amount of money they are owed for those hours. However, employers are required to keep accurate records of these things.
Call Today for Help and Answers to Your Questions
Are you unsure if you may have a case for unpaid wages? Are you concerned about your employer retaliating against you for reporting unpaid wages?
You may be able to recover your lost wages and hold your employer accountable. Our experienced attorneys have helped many employees who were denied overtime recover the wages that were rightfully theirs.
Your initial consultation is free of charge and there is no obligation to hire our firm to take legal action.
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