Reasons Why You Should Get An Attorney For Unpaid Overtime Payment

Reasons Why You Should Get An Attorney For Unpaid Overtime Payment

January 4, 2023 Off By Berry Mathew

If you work more than 40 hours of the workweek, you are entitled to receive overtime pay. Your employer must pay you the respective amount at the desired date until and unless you hold a position that is exempt from receiving overtime or following the overtime guidelines. If you are unsure about the exemptions applicable in your case, make sure to consult a wage & hour attorney.

Many employers engage in activities involving cheating on their employees and violating the law to avoid paying overtime for their workers.

Here are some reasons you should consider getting an attorney regarding your overtime pay.

Many employers refuse overtime payments to their employees by engaging in illegal activities. They may purposely ignore the laws. However, in the end, the workers are forced to deal with the consequential damages of unpaid overtime wages. They are legally given the right to receive all the hard-earned wages, including overtime pay. 

  • Misclassification by employers

The fair labor standards act provides hourly workers to receive overtime pay for every hour of work done after the regular 40 hours of a week. Most states follow overtime laws that further help employees regarding overtime pay. One of the employers’ most commonly observed malpractices is miss classification of employees to restrict or limit them from receiving overtime pay. This is done to refuse payment and other benefits by classifying them wrongly. Bartenders, salespeople with commissions, weight staff, manufacturing employees, assembly line employees, commission mortgage brokers, and drivers going to couriers are some of the employees who end up receiving miss classification as a way to restrict their overtime payment.

  • Underpayment of wages

As per the guidelines of FLSA, every employer is required to provide overtime payment today employed if they work for over 40 hours weekly. The overtime pay rate for 40+ hours is 150% off the regular payment date of the worker. A worker’s regular payment rate involves hourly pay, such as bonuses, commissions, and shift differential. Many employers include additional fees in the payment rate for calculating their overtime. This is incredibly wrong, and the employer can be charged for it. 

Speak to an attorney!

If you feel you are overworking and are being underpaid, you have the right to take legal action and get paid for your hard work. Make sure to consult an employment lawyer and seek legal action against your employer.