It is your right as an employee to be paid justly and fairly for your work at a timely manner. And according to federal law, you are also entitled to an overtime fee of 150 percent of your hourly fee for every hour you worked that is more than the allotted 40 hours of work per week. Unfortunately, some employees are being denied this right by their employers for some unknown reason. This is illegal and if your employer is doing this to you, they can be punished under the law. However, recovering these unpaid wages and overtime fees is probably more important to you more than anything. If so, then you have two options to get what you are owed. Find out more about unpaid wages and overtime here: https://www.cooperemploymentlaw.com/unpaid-wages-and-overtime/
Complain through the Department of Labor
Your first option is through filing a complaint against your employer through your state’s Department of Labor since they are the ones imposing the FLSA or the Fair Labor Standards Act. Particularly, it is the Wage and Hour Division that is in charge of these types of complaints. The first step is to file a complaint by filling up a form with your name along with other pertinent information. You do not need to worry though since all these information will be confidential.
After filing the complaint an investigation will follow. Steps will be taken in order to get all the facts from the complainant and the defendant. If it is proven that you are indeed owed unpaid wages and overtime fees, then the Department of Labor will make sure that you will be paid what is owed to you by your employers. If you are still employed by the same employer, rest assured that you will not be discriminated against for filing a complaint since any form of discrimination in any work place is illegal.
Take it to the Court
If you feel that your case is more complicated and would prefer not to go through the Department of Labor, then you can hire an employment lawyer to represent you in a simple wage claim. If you are worried that the attorney’s fees will be more than the amount that you might be able to receive or you won’t be able to get a significant amount of money after the attorney’s fees have been deducted, you do not need to worry.
“Damages” is the term used to describe the amount of money that you are entitled to claim from the defendant (your employer) in a wage lawsuit. Damages do not only mean the amount of unpaid wages and overtime. It also includes the interest which is calculated by multiplying what you are owed by the rate that is set by the state law. If your employer did not pay you “willfully” then you can be paid twice the amount of your unpaid wages and overtime. The attorney’s fees and court fees must also be paid for by the defendant if you prevail in the court. Apart from that, your employer could also be fined by the court for not paying you the proper amount of wage.
At is always best to know your rights and how to enforce these rights. Do not let your hard-earned wage and overtime fees be forgotten and always make sure that you are paid fairly and justly.