Carpenters play an important role in the world. They help construct businesses and homes, they make furniture and other necessities, and they fix any damages or repairs that structures and furnishings may have.
Carpenters often work long hours and have extended days to ensure that a job is done on time. If you are a carpenter and you are not being paid the overtime that you earned, you may be the victim of wage theft.
Millions of workers fall victim to wage theft every year. There are laws to protect you and you have resources available to help you pursue a claim to recoup your losses.
Eligibility For Overtime
The Fair Labor Standards Act (FLSA) establishes overtime and when it is due. According to the FLSA, a workweek consists of 7 consecutive 24-hour days, which totals 168 hours.
The workweek can vary and can be from a Sunday to a Saturday, from a Thursday to a Wednesday, or however the employer chooses just so long as it is consistent.
The FLSA indicates that any non-exempt worker who works more than 40 hours during a workweek is to be paid overtime. Overtime is time-and-a-half your regular wage. As an example, if you are paid $12 an hour, then your overtime wage is $18 an hour.
While you are working long days, FLSA does not require that you be paid overtime if you work more than 8 hours a day. The FLSA overtime laws apply only to the hours worked during the week.
Some states, however, have established overtime laws that apply to those who work more than 8 hours during a day. You will need to research your state laws to determine the overtime requirements where you work.
Non-exempt employees are those who qualify for overtime wages. Usually, any employee who is paid hourly is considered non-exempt but there are some salaried workers who are not exempt and who also qualify for unemployment.
Gathering Evidence Of Overtime Eligibility
You will need to prove that you are eligible for overtime wages. You will need to gather your employee handbook and your employment contract. You should research your state laws and, also review your timecards or timesheets as well as your paystubs.
It is important that you review your contract status and make sure that you are non-exempt from overtime wages. You will then need to review your paystubs and your timecards to determine how much you are owed.
Time to pursue a claim is limited, so get your claim underway before it is too late to recover compensation for your losses.
You will need to gather up supporting documentation and ask witnesses for statements. Witnesses could be coworkers who know when you work and who can support your claim and verify that you are a non-exempt employee.
Your evidence should include your employment contract or work agreement, your timecards, paystubs, and anything else that shows what you earned, how much you worked, and how much you are still owed.
The more documentation you can get to support your claim, the stronger your case will be.
What To Do Next
Your first step will be to file a claim with your employer’s human resources (HR) department. You should document how they respond and be sure to maintain a file that includes any correspondence that you receive from your employer regarding your claim.
If your employer cannot satisfactorily resolve the issue and you are not paid all the overtime that you are owed, you will take the next step and file a claim with the state labor department.
They will investigate your claim, review your documentation, and then work to try to resolve the matter with your employer. If your claim is not successfully resolved at that level, you will need to file a lawsuit against your employer to recover compensation for your overtime that you were not paid.
Get a Free Case Evaluation Today
If you are a carpenter and you were not paid overtime that you earned, you should speak with an employment law attorney who handles wage theft claims. With the guidance of a lawyer, your claim will be more likely to succeed.
An attorney will investigate and gather supporting evidence and documentation. When you speak with an attorney, be sure to ask about their payment plans and if they require payment upfront or if they will work on a contingency basis.
Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles employment law matters in your area.
