One of the reasons why people work is to have a secure income that will take care of their daily needs and necessities. However, not all of these workers are given their worthy salary as some employees have unpaid overtime wages.
The Fair Labor Standards Act (FLSA) protects workers from corrupt practices of employers who don’t give them rightful benefits for the hours they have worked for the company. Here are the common complaints filed with FLSA:
Unpaid or lost overtime pays – A worker will be provided with adequate compensation in excess of the usual 40 working hours to be rendered to the company weekly.
Unpaid / underpaid wages – Federal and state laws dictate the minimum wage that a worker must receive. If ever the rates are different, state laws will overrule federal rules to favor the workers.
Unpaid meal and rest breaks – In some states, meal and rest breaks are not required. However, there are states, like California, which provides sufficient meal and rest breaks to workers.
Illegal deductions – In some cases, a worker’s salary is deducted of unlawful commissions. When this happens, it is best to confer with an expert employment lawyer who can review and analyze your claims.
Misclassification of workers – Workers who are not eligible to work for overtime pays are classified as exempt worker. This provision is sometimes abused by employers as some wrongfully classify their workers in order to avoid paying overtime pay.
The above are some of the common cases that are brought to the attention of agencies in relation to FLSA. The complainant is not required to have a lawyer but a good legal representative can look after your best interest and know the proceedings in these cases.
Filing Claims
According to employment regulations, an employer must pay 150% of the worker’s hourly salary for each extra working hour he will render to the company.
In some states, like California, an employee can claim 2 years worth of unpaid overtime work from the time he filed his claims against his employer. Moreover, the complainant can claim up to three years worth of back pay if the employer has intentionally and knowingly committed the violation of his employee’s rights.
In order to provide help to these workers, below are the things they can do to get their rightful overtime pays.
Gather necessary and legal documents which will prove you have worked overtime and weren’t paid enough for it.
Find an employment lawyer who will represent the best of your interest. These lawyers can also help in estimating the amount of claims to be filed.
These two things will further ensure you of your claims and punish the violation and wrongful act done by your employer.
It is important to immediately file your claims upon discovery of the unpaid overtime / wages and hire the services of a lawyer so as not to delay your due wage.
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