Closer Look at Overtime and Wage and Hour Violations

Minimum wage workers around the United States are keeping better track of their pay records, and keeping track of when they are owed bonuses and overtime.  However, in this process, many workers are learning they are not being paid overtime, and are taking legal action to correct this.

Under the U.S. Department of Labor (DOL), the Fair Labor Standards Act (FLSA) requires employees to be paid no less than $7.25 an hour, unless exempt under the FLSA employment classification.  While all states have different minimum wage amounts, the absolute minimum is $7.25 per hour, making it illegal to pay a minimum wage worker any less than this amount.  For tipped employees, the tips must make up for any lost deviations from the minimum wage salary, but cannot make up the wage salary if the total falls below the $7.25 requirement.

But as the economy is improving, employees are increasingly likely to report missing overtime amounts from their paychecks.  During the recession, employees often did not come forward about possible violations because they were more concerned about their jobs.

If met with opposition from their employers, employees can file a complaint with their human resources department, and try to work out the situation through administrative means.

If the employer is refuses to pay the overtime funds, and if they cannot provide financial proof that they do not owe the employee any overtime, then the employee has right to pursue legal action.  Employees may file a complaint by contacting the Labor Department’s Wage and Hour Division, or filing a private unpaid overtime lawsuit against the employer.  Generally the nnpaid overtime lawsuit will be to claim up to two years of back pay, but can go up to three years if the employer is found in willful violation. The employee can also seek an equal amount in liquidated damages, attorney’s fees, and court costs.

Employers will be automatically penalized if the employee is fired for filing a complaint seeking lost wages, and are prohibited from taking any kind of discriminatory action against the employee for proceeding in legal action under the FLSA.

Wage and Hour Violations

When the Department of Labor encounters employment violations, the agency typically recommends different methods or systems in order for the employer to be in compliance with federal law.  For wage and hour violations, the agency often recommends changes in employment practices, and request that the employer pay back any wages due to the employees.

Employers who are found in willful violation of wage and hour regulations could be fined up to $10,000; a second conviction could result in jail time.  Additionally, employers who willfully or repeatedly violate federal minimum wage or overtime requirements are subject to pay civil penalties of up to $1,100 per violation.  The Labor Department can also require employers to pay back an equal amount in liquidated damages, and even obtain injunctions against the violators of the FLSA.

>>FLSA Violations: Learn More

Employees are encouraged to claim any wages that have failed to be paid, and take legal action if met with opposition from the employer.

File a Wage & Hour Lawsuit Today

If you believe that you or a loved one have been the victim of a wage and hour violation, you have legal options.  Please visit the Unpaid Overtime Lawsuit: Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.  There, you can submit your claim for a free legal review and if it qualifies for legal action, a skilled employment lawyer will contact you for a free, no-obligation consultation.  You will be guided through the litigation process at no out-of-pocket expenses or hidden fees.  The Wage and Hour attorneys working this investigation do not get paid until you do.