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What to Expect in an Unpaid Overtime Lawsuit

Millions of employees in the United States work long hours every week. In several industries, working over 40 hours a week is standard. While having a solid work ethic is notable, some employers take advantage of their dedicated employees and do not pay overtime.

Not only is the practice unfair, but it may be illegal under the Fair Labor Standards Act (FLSA). If you’ve worked over 40 hours in a workweek without receiving overtime pay, you may be entitled to compensation.

The employment law attorneys of Bohrer Brady, LLC, can help you recover the wages you’ve rightfully earned. Leveraging our decades of experience, we’ll help you understand your rights and guide you through the process of filing an unpaid overtime lawsuit.

Contact us today to discuss your situation and start the journey toward justice.

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To discuss your situation, contact our employment law attorneys online or call us toll-free at 1-800-876-3911.

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What is Unpaid Overtime?

The FLSA is a federal law that protects workers’ rights. The FLSA mandates that non-exempt employees receive overtime pay of 1.5 times their regular hourly rate for every hour they work over 40 in a workweek.

For example, if you earn $15 per hour and work 45 hours in a workweek. The FLSA requires that you receive your regular rate of pay for the first 40 hours and 1.5 times that – equating to $22.50 – for each of the five overtime hours. If your employer fails to compensate you the correct amount for your additional work, you have a right to file a claim for unpaid overtime.

How Employers Avoid Overtime Pay

Employers may attempt to deny their employees the overtime pay they deserve in several ways. Common tactics include the following:

Employee Misclassification

Some employers try to label workers as “exempt” from overtime pay. Exempt or non-exempt status depends on the employee’s job duties, not their title. However, some employers misclassify their employees as ineligible for overtime when they don’t meet the strict exempt status requirements.

Paying Straight Time for Overtime

Other employers pay their workers for hours worked over 40 in a workweek but at their regular hourly rate instead of time-and-a-half. This practice shortchanges hardworking employees and violates the FLSA.

Off-the-Clock Work

Employers may require or allow employees to work before or after their shifts for no pay or require employees to work during a meal period that is deducted from hours worked without proper compensation, which equates to unpaid overtime.

Improper Time Tracking

Failing to maintain accurate records of hours worked can lead to unpaid wages. Some employers may document fewer hours or fail to account for overtime properly.

Not Including All Pay in Overtime Rate

Employers must include all compensation paid to an employee, including wages, commissions, and shift differential pay, in calculating the correct overtime rate. Failure to do so may be an overtime rate violation.

Paying a Day Rate

Workers who are eligible for overtime based on their job duties are often paid a day rate and are told that overtime is included or that overtime is not required. This is not correct. Although a day rate is allowable, it is not a substitute for overtime.

Misclassification as an Independent Contractor

Employers often misclassify workers as independent contractors and not W2 employees to avoid paying overtime.

The above actions are illegal under federal law. If you can relate to any of them, taking action to recover the wages you’ve earned is critical. The unpaid overtime attorneys of Bohrer Brady, LLC, can help.

We’re Here to Help

At Bohrer Brady, LLC, you receive a team of skilled lawyers with deep experience handling unpaid overtime cases. We know how to fight for you and recover maximum compensation.

When you contact us regarding an unpaid overtime lawsuit, you can expect the following to occur.

1. Free, Confidential Consultation

We start with a free, confidential consultation. We’ll listen to your story and analyze the strength of your case. We’ll review relevant documents, such as work history and pay records.

If you don’t have all the paperwork, that’s okay – we can still determine whether your employer violated the law. We’ll help you gather the necessary evidence to prove it.

2. Comprehensive Investigation

Our team of legal professionals will thoroughly investigate your employer’s actions. We’ll acquire evidence like timesheets, pay stubs, and even coworker testimonies if needed. In situations where an employer fails to maintain accurate records (as required by law), we’ll shift the burden of proof onto them, utilizing your records and testimony to support you.

3. Filing a Claim or Lawsuit

You have a few options if your employer owes unpaid wages. You can either file a complaint with the United States Department of Labor (DOL) or your state’s labor agency, or you can file a lawsuit directly against your employer. Our unpaid overtime lawyers will explain the pros and cons of each to help you decide what’s best for you.

If we file a lawsuit, we’ll aim to recover all unpaid wages plus any additional damages you may be entitled to. Items include back pay, stop pay, liquidated damages, interest, and others. Often, employers are required to pay some or all of the attorney fees.

4. Negotiation and Settlement

In many situations, employers opt to settle unpaid overtime claims outside of court. If that’s the case, we’ll handle the negotiations on your behalf. You can trust that we’ll work to secure a fair settlement that covers all the wages and damages you deserve. We won’t hesitate to bring your case to court if we can’t reach a fair agreement.

How Long Do You Have to File an Unpaid Overtime Claim?

The FLSA sets stringent time limits for filing unpaid overtime lawsuits. Generally speaking, employees have two years from the date their wages were withheld to file a claim.

However, if your employer’s violation was willful – meaning they were fully aware of their actions when withholding wages – you may have up to three years. The timelines vary from state to state, depending on their laws.

Acting quickly is essential if you believe you’re a victim of unpaid overtime practices. Once the statute of limitations expires, you may lose your right to recover.

Get a Free Consultation Today

If you believe you’ve been denied overtime pay, don’t wait – contact Bohrer Brady, LLC, today. Call us now or complete our online form to inquire about a free, confidential consultation. We’ll discuss your options and help you take the first step toward recovering your unpaid wages.

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