Electricians often work a lot of hours and have long days on the job. Electricians are employed by electrical repair companies, utility companies, government entities, and industries to take care of a variety of tasks.
Without electricity, many jobs could not be done, and many tasks are left uncompleted. If you are an electrician and you are not being paid overtime that you have earned and that you are entitled to receive, you may be experiencing a form of wage theft. There are laws to protect workers in such situations, and there are resources available to help you.
Eligibility For Overtime
There are laws in place that require overtime to be paid to certain workers under specific circumstances. As an example, the Fair Labor Standards Act (FLSA) established overtime pay and required that workers who are not exempt be paid time-and-a-half for any hours they work exceeding 40 during a workweek.
A workweek is set by the employer but consists of 7 consecutive 24-hour periods that total 168 hours. In general, employees who are paid an hourly wage qualify for overtime, but there are some salaried workers who also qualify for overtime.
Based on the FLSA, if you work more 50 hours during a workweek while you are finishing up a project, you are entitled to 10 hours of overtime pay.
The FLSA does not require overtime to be paid for long workdays, but instead focus on the hours worked during the workweek. There are some states that have established laws that require employers to pay overtime for long days.
That means that if you work more than 8 hours a day you may be entitled to overtime based on your state’s laws.
Gathering Evidence Of Eligibility
You will need to do your research and check the laws of your state regarding overtime. Determine if in your scenario whether 40-hour weeks or 8-hour days apply to your overtime pay.
You will need to review your employment contract and determine your contract status to determine if you are eligible for overtime pay. If you are eligible for overtime, you will need to determine how much you are owed, so you can address the issue with your employer.
Gather supporting evidence and documentation so you can get your claim underway. If you believe you were entitled to receive overtime for your work as an electrician, but you were not paid those wages, you should not hesitate.
Speak with an employment law attorney who can review your situation and determine if you have suffered wage theft. An attorney will be able to help you get your claim on track and recoup your losses caused by the wage theft you suffered when you were not paid overtime.
What To Do Next
If you have determined you were entitled to overtime pay as an electrician that you were not paid, you will need to start the claims process by contacting your employer’s human resources (HR) department.
You will need to supply copies of evidence and documentation. Be sure to document your employer’s response and take note of anything that is said and done.
If you receive correspondence from them regarding the progress of your claim, you should keep it as evidence should you have to advance your claim to the next level.
If you cannot get your claim resolved with your employer, you will need to contact the state labor department. The state will review your evidence and interview you before they contact your employer.
They will work to resolve the matter. The final step would be to pursue a lawsuit and sue your employer for you not being paid overtime as an electrician. Documentation and evidence are essential to support your claim and help you recover your lost earnings and damages.
You will need your paystubs, timecards or timesheets, witness statements, employment contract, employee handbook, and any other supporting evidence that will help your claim.
You must prove your classification, your time worked, your earnings, and how much you are owed for your work. You will need to prove you were not paid overtime that you were entitled to receive.
Get a Free Case Evaluation
If you are an electrician who has not received overtime wages that you earned, enlist the help of an employment law attorney who handles wage theft claims in your state.
An attorney will ensure your claim is handled in a timely manner and who will help you ensure that you are treated fairly throughout the claims process. Get your free case evaluation today.
