Can an Employment Attorney Help Me If I Am Owed Overtime Wages?
An attorney employment should be consulted if you believe your employer isn't paying you overtime wages for the work that you performed. There are strict federal laws on overtime payments that apply to all non-exempt employees. When employers break those laws, employers may be required to not only pay you back overtime but also pay penalties for depriving you of the money that you were due.
You should be paid for your work performed, and should be paid time-and-a-half when the hours of work you do exceed 40 hours per week. The laws protect you when this does not happen, but taking action to get the money you are owed can be complicated. A Conshohocken employment law attorney will help you to determine if you have an unpaid overtime claim and can help you to use the legal tools available to you to seek the money due.
Your Right to Overtime Wages
According to the Wage and Hour Division of the U.S. Department of Labor, many employees are guaranteed overtime in certain conditions by the Fair Labor Standards Act (FLSA). FLSA is a federal law applicable throughout the United States, including in Pennsylvania. PA also has its own rules on overtime.
According to the FLSA, employees are entitled to overtime once they have worked at least 40 hours during the course of a standard work week. A workweek is defined as a "fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods."
Employees are paid time-and-a-half for their overtime pay, and should earn this for each fraction of an hour over 40 hours unless those workers are exempt and not entitled to overtime. There are strict rules for who can be considered exempt. Those such as managers, executives, and professional workers are among those considered exempt- but employers frequently try to avoid paying overtime by incorrectly classifying workers as being exempt.
Employers may also try to avoid paying overtime by not allowing workers to clock in for all work performed; by not counting hours that an employee works offsite; or by trying to shift around reporting of hours so that hours which would be classified as overtime are paid in a different week.
Regardless of the techniques employers use to avoid paying overtime, failure to pay time-and-a-half for non-exempt employees is illegal and employees who are cheated out of their overtime wages should consult with an employment attorney so they can take appropriate action to get the money they are owed.
Taking Action to Obtain Overtime Wages
When you are not paid overtime wages, you can make a claim to the Bureau of Labor Law Compliance in Pennsylvania. There are forms to complete online and the forms can be submitted electronically or manually. Before you complete your form, you should speak with an employment attorney to determine if you should be eligible for overtime and to determine if seeking help getting your wages from the Bureau of Labor Law Compliance is your best course of action.
You may also choose to file a civil lawsuit seeking unpaid wages. In many cases, large groups of employees are all denied overtime they are owed. When this happens, employees may become part of a class action in which a class of similarly-situated workers with a common grievance all bring one big case to get back pay. An employment attorney can help you to file a civil lawsuit and can assist you in determining if you should be a part of a class action case.
How a Conshohocken Attorney Employment Can Help if You Are Not Paid Overtime
Determining if you are owed overtime income can be complicated. Our “Free Guide to Wages, Overtime, and Severance” can help you to understand the overtime laws in Pennsylvania so you can determine if your employer is breaking the law by not paying you the full amount due for overtime work. You can also get personalized advice on whether your employer owes you back overtime by consulting an employment attorney.
The Conshohocken, PA employment attorneys at Curley & Rothman, LLC have helped many clients to use the legal system to make a claim for unpaid wages. Whether you are interested in making your own claim or believe that you and a group of employees are part of a class of workers denied overtime, you should reach out to us to find out if we can help you. Give us a call at 610-834-8819 or contact us today to schedule your consultation and learn more about how we can help with your case.