Have you ever worked overtime without getting paid for it? If so, you’re not alone. Many employees across the country work extra hours without receiving proper compensation. In fact, according to a recent study by the Economic Policy Institute, American workers lose an estimated $19 billion in wages every year due to unpaid overtime.
Fortunately, there are steps you can take to recover your unpaid overtime. In this blog post, we’ll cover everything you need to know about recovering unpaid overtime, including your rights as an employee, how to keep records of your work hours, filing a claim with the Attorney General’s Office, taking legal action through class actions, and more.
Introduction to Recovering Unpaid Overtime
Understanding Your Rights as an Employee
The first step to recovering unpaid overtime is understanding your rights as an employee. Under federal law (the Fair Labor Standards Act), employers must pay their non-exempt employees time-and-a-half for any hours worked beyond 40 per week. This means that if you work more than 40 hours in a single week but don’t receive overtime pay, your employer may be violating the law.
In addition to the FLSA, many states have their own laws governing overtime pay. Some state laws provide even greater protections for employees than the federal law does. For example, some states require employers to pay overtime after working just eight hours in a day or 48 hours in a week.
The Importance of Keeping Records
One of the most important things you can do when trying to recover unpaid overtime is keeping detailed records of your work hours. You should track all the hours you work, including any overtime hours, on a daily basis. Make sure to include start and end times, breaks taken during the day, and any other relevant information.
If possible, try to get copies of your company’s schedules and time sheets to help corroborate your claims. Also, make sure to save any emails or text messages related to your work schedule or overtime assignments. These documents will be crucial if you decide to file a complaint or pursue legal action against your employer.
Filing a Claim with the Attorney General’s Office
If you believe your employer has failed to pay you properly for overtime work, one option is to file a complaint with your state’s attorney general office. The AG’s office enforces labor laws and can investigate companies that fail to comply with them. To file a complaint, visit the AG’s website or call their hotline number.
Taking Legal Action through Class Actions
Another option for recovering unpaid overtime is to take legal action through a class action lawsuit. In a class action suit, multiple employees who were not paid properly for overtime work together to sue their employer. By banding together, they can pool resources and share costs associated with hiring an attorney and litigating the case.
Class action suits can be effective because they allow employees to collectively seek damages from their employer. Additionally, these types of cases often result in changes to company policies and procedures, which can prevent future instances of wage theft.
Conclusion and Next Steps
If you suspect that your employer has failed to pay you properly for overtime work, don’t hesitate to take action. Start by educating yourself about your rights under both federal and state law, then begin gathering evidence to support your claim. From there, consider filing a complaint with the AG’s office or exploring your options for taking legal action through a class action suit. Remember, recovering unpaid overtime isn’t just about getting what you’re owed – it’s also about protecting your coworkers and standing up for fair treatment in the workplace.