I’m Not Being Paid Overtime, What Should I Do?

Your boss asked you to work more than 40 hours in a week, but when you got your paycheck the amount you were paid did not include payment for those hours, or worse, failed to include payment at a rate of one and one-half times your normal rate of pay. You are saying to yourself, “I’m not being paid properly for working overtime, so what should I do?”

If this has happened to you, you’re not alone.

Whether by accident or design, many employers don’t pay workers overtime because it saves money. However, federal labor laws require employers to pay their “nonexempt” employees overtime wages for any hours in excess of 40 hours per week.


Should I Be Paid Overtime?

Under the Federal Labor Standards Act, most nonexempt workers must be paid at a rate of time-and-a-half for in excess of 40 hours within a 7-day period.

In addition, certain states, like California and Massachusetts impose additional overtime requirements upon employers.

If you feel that you were eligible for overtime pay, the first step is determining whether-or-not your employment status is deemed as nonexempt under your state’s and federal guidelines.

Workers who are classified as “exempt” are not usually entitled to receive overtime pay. These exempt classifications include:

Professional employees who are paid salaries and who meet other criteria;
Independent contractors;
Seasonal workers; and

If your job responsibilities do not fall within one of these categories, you may be entitled to receive overtime pay.


What if My Paycheck Doesn’t Look Right?

If you’re a nonexempt employee, and your paycheck doesn’t include overtime payments you can contact an experienced wage and employment attorney to discuss your case.

As an employee, you have the right to sue an employer for violating federal and/or state overtime wage laws. If your co-workers are also getting cheated out of overtime pay, you may be able to file a class-action or collective lawsuit against your employer.


Can My Employer Fire Me for Suing Them?

No. Federal and state laws prohibit employers from retaliating against workers who have filed a wage complaint or lawsuit.

If you do file a lawsuit and/or complaint and are subsequently fired, you may be able to file an additional retaliation claim against your former employer. If faced with that situation, it’s best to contact an attorney who specializes in employment and wage issues.


Your Legal Advocates for Employment and Wage Issues

If you or your loved one feel that you’re not receiving the overtime pay that you have earned, you may contact the law offices of Forrest LaMothe today to schedule a free, no-commitment consultation with one of our experienced employment and wage attorneys. Please call Forrest LaMothe toll free today at 877-599-8890