Wage theft is a crime and your employer shouldn’t get away with it. If your employer owes you overtime pay then you need to follow up and get paid what you deserve.
Not all employees qualify for overtime pay, but if you are non-exempt and work over 40 hours in a workweek, then your employer must pay you 1.5 times your regular rate in accordance with the FLSA.
So if you are a victim of wage theft, read on to learn what you can do to recover your unpaid overtime.
Meet With HR
The first step to recovering your unpaid overtime hours would be to meet with your HR department. This is an effort to save face with the company and to avoid any lengthy investigations and time-consuming paperwork.
First, secure a copy of your companies compensation plan documents. This is for you to review and to have in hand when meeting with HR, as their policy may have changed since your hire date. Ask questions about the compensation you expect to receive and how they plan to pay you.
As a non-exempt employee, you should earn an overtime rate of 1.5 times your regular rate of pay for every hour worked over 40 hours. If this meeting is unsuccessful, then contact an attorney at this website to file a complaint with the Department of Labor.
Submit a Complaint With the Department of Labor
The Department of Labor will enforce the laws in accordance with the Fair Labor Standards Act (FLSA) and investgate on your behalf. Don’t be afraid to file a complaint against your employer, as it is illegal for an employer to discriminate against you for filing a complaint.
The Department of Labor will look into pay stub records, personal records of hours worked, and payroll practices. They will conduct interviews to understand the duties and nature of the hours worked.
After the investigation, the DOL will report whether or not a violation has occurred and advise your employer to pay the wages that are owed to you. If an employer does not pay the wages, they will incur a $1000 fine for every known violation.
Get Help From a Labor Attorney
If all else fails, enlist the help of a trusted labor attorney to help secure your wages. When the attorney has a valid claim, they will submit a legal order to your employer to pay what you are owed.
This is referred to as “back pay,” when your employer makes up the difference between what you received and what you are owed.
If your employer refuses to pay at this point, you can sue the company through the litigation process.
How to Secure Your Unpaid Overtime
Now you have an idea of the steps to take to secure your unpaid overtime.
Wage theft is illegal and your employer should be held accountable to pay all wages owed. Contact an attorney right away if you need help navigating this situation. And if you found this article helpful, check out the rest of our blog for more great information.