Janitorial staff play an important role in society. Often, janitors work long hours and put in countless hours during a week.
If you work as a janitor who has long shifts to get the job done, you should be attentive to your paychecks to make sure you are being paid properly.
You should always compare your timecard to your paystub. There are laws that indicate when overtime must be paid, and if those laws are being violated, you have resources available to help you recoup your losses and pursue a claim against your employer for the damages suffered by wage theft as a janitor.
If you believe you are eligible for overtime and you are not being paid overtime, you may be the victim of wage theft.
Eligibility For Overtime
If you are eligible for overtime, but you are not paid overtime, you could be the victim of wage theft. The Fair Labor Standards Act (FLSA) indicates that overtime must be paid if you work more than 40 hours during a workweek.
The actual days of a workweek can vary and are established by your employer but consists of 7 consecutive 24-hour days that total 168 hours. If you work more than 40 hours, you are to be paid no less than one-and-a-half time your regular wage.
If you are regularly paid $18 per hour and you work more than 40 hours, any hours in excess of 40 should be paid at a rate of $27 per hour.
Only employees who are considered non-exempt qualify for overtime. This includes hourly employees. There may be some salaried workers who receive overtime pay.
You will need to review your employment contract and your employee handbook to make sure that you are eligible for overtime. Sometimes employers misclassify workers to avoid paying overtime that the worker is otherwise eligible to receive.
An employment law attorney would be able to review your situation and determine your eligibility.
Gathering Evidence Of Overtime Eligibility
You should review all documentation and check to determine if you are eligible for overtime pay. You will need to gather evidence and supporting documentation for your claim and to show that you are eligible for overtime that you did not receive on your paycheck.
You will need your employee handbook, your employment contract, your paystub, your timecards, documentation that show all breaks, and statements from witnesses (coworkers) who can confirm when you worked.
You will need to review state laws as well. In some states, you are entitled to overtime for any hours you work exceeding 8 hours per day, but the FLSA only requires overtime for hours exceeding 40 hours per week.
If your state has laws regarding hours worked per day, you may be eligible for overtime if you work 12-hour shifts three times per week, but you have not exceeded 40 hours during your workweek.
What To Do Next
Your first step in pursuing a claim against your employer for wage theft as a janitor, you will need to file a claim with your company’s human resources (HR) department.
You will need to make copies of your documentation and evidence and include that with your complaint. You should document the response from HR and keep all correspondence that you receive from them regarding your complaint.
If the matter is not resolved on this level, you will need to file a complaint with the Equal Employment Opportunity Commission (EEOC). Your complaint with the EEOC can be filed online or in person at the nearest EEOC office.
An employment law attorney will be able to help you maneuver your claim through the proper steps. If your matter is not resolved, you will then file a lawsuit against your employer in a court of law.
You will want to ask for compensation for the damages that you suffered. You will want to recover your lost wages and you may also be able to recover any other damages and legal fees.
Get a Free Case Evaluation
You will want to enlist the help of an attorney who handles employment law matters. An employment lawyer will be familiar with the state and federal laws that apply to your situation and will be able to determine if you suffered wage theft because you were not paid overtime as a janitor.
Be sure to discuss payment with your lawyer because some will require a retainer in advance and others will take the case on a contingency basis. Ask for your free case evaluation from an employment law attorney today.
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