A Guide To Unpaid Wages

 

Each one of us works hard to meet our daily expenses. We usually work for a specified minimum or maximum hour for work. Sometimes we put in extra hours for our job and deserve to get paid for the all extra hours worked. If you are wrongfully deprived of your overtime money, you can speak to overtime lawyers to file individual cases and class actions.

They fall under the category of employment lawyers who deals with labor disputes, which include overtime pay,  job termination, harassment cases and others. There are various loopholes in the employment policy that are used by employers to mislead their employees and help them get away from paying the overtime wages.

The lawyers will represent you in a court of law and help in protecting the rights of people as employees. Hiring an employment lawyer can help you get positive results in court. With the economy on the skids, finding a job is quite a daunting task.

If you are experiencing any of the issues related to labor disputes, the best option sometimes is to just wait. The other way to resolve the issue is by talking with your boss as it will ultimately prove more beneficial to you as opposed to settling in a courtroom.

The other benefit of talking to your boss help you save a lot of money and potential stress. But in extreme cases, if the issue still persists after talking to your boss, then the next step may be to get an employment lawyer. The process of picking an employment lawyer needs a little attention and of course, patience.

 

Crucial Points to be Kept in Mind While Searching for An Employment Lawyer

  • Look for the employment lawyers in the area by conducting a google search and through friends.
  • Make a comparison and ask if they provide a free consultation.
  • Meet with your potential lawyer.
  • Evaluate by asking plenty of questions to make sure he knows all there is to know about employment labor laws and what applies to you.

How To Prepare Yourself And Your Argument Against Your Employers Before Going To The Court?

  • Conduct a google search to research your rights as an employee, as well as the rights of an employer.
  • Thoroughly understand the situation and how the specific laws apply to your case.
  • Have confidence in the lawyer you have hired and work together to fight towards the outcomes.

The Rights And The Laws For Unpaid Overtime

  • Overtime Pay Requirements under the Fair Labor Standards Act.
  • Rules for Coverage Under the Fair Labor Standards Act (FLSA): These are further divided into two ways in according to which you can file an unemployment claim.1.Enterprise Coverage2.Individual Coverage

Points to be checked before Filing a Claim

  • Verify whether your company pays overtime.
  • The set of rules is same for all sizes of employers.
  • Understand “exempt.”
  • Determine whether you are entitled to overtime.
  • Check your overtime pay date.
  • Collect your overtime back pay.

How To Determine If You Are Eligible For Overtime Pay

Individuals who do not meet one of the following exemptions are probably eligible for overtime pay.

  • Administrative Exemption
  • Executive Exemption
  • Professional Exemption

An employment lawyer will somehow help you getting in successful outcomes if you have been discriminated in terms of payment related issues in spite of meeting the necessary requirement which includes, that the employee should have worked for more than 40 hours in a particular week.
Being target and working with the truths will make you and your case additionally persuading. Try to accumulate witnesses, declarations, and different types of confirmation to be able to legitimize and clarify what you have issues with.

Having A Wage Dispute? Hire An Overtime Lawyer

 

“It was the labor movement that helped secure so much of what we take for granted today. The 40-hour work week, the minimum wage, family leave, health insurance, Social Security, Medicare, retirement plans. The cornerstones of the middle-class security all bear the union label.” –  Barack Obama

 

As stated by the former US President Barack Obama, it is the federal right of citizens to get minimum wages and other work benefits from their employers. And if you work more than forty hours a week, you are entitled to the rightful overtime pay.

 

If you have been robbed of your rightful wages and refused pay by your employer, then settle the wage dispute over the unpaid wages with overtime lawyers who are proficient in this field. Your employer refusing to pay your wages is a violation of the overtime law and it is common ground for a lawsuit.

 

COMMON VIOLATIONS BY EMPLOYERS:

 

There are other violations that employers commonly breach, including

  • Failure to pay wages in time
  • Failure to pay overtime
  • Breach of contract
  • Fraud
  • Failure to pay minimum wages

 

THE FAIR LABOR STANDARDS ACT:

 

The Fair Labor Standards Act is the law governing the wages of the US employees. Every employee working for an organization deserves his/her rightful compensation. And the pay should not be less than the minimum wage line as decreed by the wage law set by the government.

The non-exempt individuals should be paid one and half the normal rate they are paid for every hour worked as overtime. Working over forty hours a week or eight hours a day is constituted as overtime.

 

MISCLASSIFICATION:

 

Sometimes, the employers classify the employees as independent contractors in order to avoid paying them overtime pay. Employers are not required to pay independent contractors many benefits, such as minimum wages, worker’s compensation benefits, family medical leave, and overtime pay.

The employees wrongfully categorized as independent contractors are robbed of all these privileges that are enjoyed by the employees of the organization.

The labor laws are complicated and an unpaid wage lawyer can help a lot by taking your case to the court and getting you a fair compensation. He/she can suggest you the best way to tackle the situation and explain more about labor laws.

 

CALCULATION OF OVERTIME PAY:

 

Calculation of overtime pay refers to the amount that is calculated by multiplying the normal pay by 1.5. The normal wages are the flat pay rate including the benefits which can be – travel expense, medical expense or the bonuses.

There is no room for misinterpretation in overtime pay and should be paid even when employees are not aware of the Labor Laws. In addition, if an employee gets fired or penalized by his/her employer for bringing up the issue of unpaid pay, then a claim can be filed to get their position reinstated.

 

LIQUIDATED DAMAGES:

 

The overtime law allows a wronged employee to sue his employer for the amount that is owed by them. If an employee is successful in winning the lawsuit, he/she can get double the amount they are owed by the employer.

 

EXEMPT EMPLOYEES:

 

Exempt employee is, basically, excluded from the minimum wage and other protections given to non-exempt workers. Exempt employees are paid salary instead of receiving pay on an hourly basis.

 

CATEGORIES OF EXEMPTIONS:

 

There are three classifications of exempt employees under the FLSA Act:

  • Professional
  • Executive
  • Administrative

Exempt employees are determined by the task they perform regardless of their job title. If you don’t fall in the categories of exemptions by the FLSA Act, then it is your right to take legal help and get rightful compensation for yourself.