Robert J. Boumis  |  May 15, 2014

Category: Labor & Employment

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wage and hour lawsuitWage and hour laws like the Fair Labor Standards Act (FLSA) are designed to protect employees and ensure that they receive an honest day’s wage for an honest day’s work. One area of the law that sometimes comes into dispute is overtime. The FLSA requires that employers pay time-and-a-half for overtime for the majority of employees. If you believe that your employer has not been paying you for your overtime, you should take the following steps:

Step One: Gather Information

First and foremost, you need to establish that you are a nonexempt employee. FLSA and other labor laws break employees into two categories: exempt and nonexempt. Employers are not required to pay overtime pay for exempt employees, such as outside sales representatives. However, the majority of employees are nonexempt, meaning that employers are required to pay overtime when an employee works more than 40 hours a week.

You should also collect and document information about your hours. Documentation is often the crux of wage and hour lawsuits. Gather your timesheets and make notes about any off-the-clock hours you’ve worked. You should get all of your information and documentation before proceeding and calculated how many hours of overtime you worked and how much you are owed.

Step Two: Talk to Your Employer

After assembling your documentation, you should approach your employer. If you work for a larger company, you should go to your human resources (HR) department. Your HR department should verify the discrepancy.

Step Three: Consult a Lawyer

However, if your employer disputes the discrepancy, you should consult a wage and hour class action lawsuit attorney as your next step. A lawyer can help you work out the details and explain your rights to you. Keep in mind that you have a two-year statute of limitations. This means that you can only wait two years to file a wage and hour lawsuit for lost wages.

What to Expect

Wage and hour lawsuits can be individual lawsuits or a wage and hour class action lawsuit, in which you and a group of other employees file a wage and hour lawsuit against the same employer. Class action lawsuits are group lawsuits, and are designed to streamline the legal process by condensing multiple individual lawsuits into a single case.

In some situations, a lawyer’s demand letter may be sufficient to get the overtime money, but other cases may require going to court to get settle the matter. A lawyer’s advice and guidance could be useful at every step of the process, regardless of what steps are ultimately necessary in your exact situation.

Join a Free Unpaid Overtime Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay compensation within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. Learn more and obtain a free evaluation of your case to see if you’re eligible for back pay and other compensation at the Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.

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