What To Do When Your Employer Does Not Pay You For Overtime Work?

Every employer needs to pay their workers for their overtime work. Most companies have their overtime pay like half of your usual hourly rate. But cases of non-payment for overtime are increasing. Billions of unpaid wages are recovered, but many cases often go unreported.

If you or someone you know has faced issues regarding non-payment of overtime work, contact Parsippany Employment Attorney to understand their legal rights. 

What to do when your employer does not pay you for overtime work?

The Fair Labor Standards Act (FLSA) states that employers need to pay at least the minimum wage and “time and a half” pay for overtime if employees work more than 40 hours a week. Here’s how you can file a claim.

  1. File a claim with the Department of Labor of Wage and Hour Division (WHD). These organizations will investigate your case and order your employer to pay the money you deserve.
  2. File a civil lawsuit case against your employer by hiring an attorney. Most employees think that they cannot afford to hire an attorney, but many attorneys willing to handle these cases on a contingency fee basis.

If you believe that you are not getting paid for the overtime work, you should discuss the matter with your employer. If the case does not settle down, you can file a complaint with the Department of Labor’s Wage and Hour Division (WHD). To file a complaint, you need to provide the following information.

  1. Your personal information, including phone number, name, and address.
  2. Your employer’s confidential information, including name, address, and type of business.
  3. Your job title and description of work.
  4. Your payout, including the payment method and how frequently the wages are paid.
  5. Date of the violations.

When you file a complaint, the Wage and Hour Division (WHD) of the Depart of Labor reviews your case and performs an investigation. The person’s name who filed the claim is not disclosed, and also, the employer can not fire him/her or discriminate in the workplace. 

Your employer should pay your minimum wage on time under the Fair Labor Standards Act (FLSA). If your employer fails to pay the wages you have earned, they violate federal law. In that case, you can file a claim against the employer. In Parsippany, filing an unpaid wage claim against the company you are working for might be complex and challenging, but you should not handle it independently. Hire an experienced attorney on whom you can rely and provide legal advice.