Mechanics have challenging jobs that often require long days and plenty of hours. If you are a mechanic, you fill an important role in society and do a job that requires extensive skills, training, and hands-on experience.
If you are a mechanic, and you believe you are entitled to receive overtime for your excess hours but you are not being paid overtime, you may have grounds to pursue a wage theft claim against your employer.
You need to understand how overtime works and determine if you are eligible for overtime as a mechanic where you are employed.
Eligibility For Overtime
There are state and federal laws that employers must abide by when running a business. Those laws indicate specific things about pay, including minimum wage and overtime.
For the most part, employees who are paid an hourly wage are considered non-exempt. That means these workers are entitled to receive overtime wages when applicable.
The federal law indicates that any hours worked exceeding 40 during a workweek qualify for overtime pay. The Fair Labor Standards Act (FLSA) states that any hours exceeding 40 are to be paid at a rate of one-and-a-half times the regular wage.
According to the FLSA, a workweek totals 168 hours and is comprised of 7, 24-hour consecutive days. It can be from Monday through Sunday, Sunday through Saturday, Wednesday through Tuesday, or however your employer sets it up, but it must be consistent every pay period.
The FLSA does not indicate that overtime must be paid for long days. There are some states, though, that require overtime to be paid for any hours worked over 8 in a day, so you should research your state’s employment laws.
While many salaried employees are non-exempt and will not qualify for overtime pay, there are some employees who are paid salary and who do still qualify for overtime pay.
You should review your employment contract and make sure that you are classified properly. A misclassification could end up costing you money that are entitled to receive.
An employment law attorney would be able to determine if you are properly classified. Most mechanics are paid an hourly wage.
What To Do Next
It is your responsibility to make sure you are paid all your earned wages. If you suffer wage theft as a mechanic, time is limited to pursue a claim against your employer.
Your first step will be to get copies of all your evidence and documentation then meet with your human resources (HR) department.
You should document their response, and, also, be sure to keep any correspondence that you receive from them. If they do not work to resolve the matter, you will need to take your claim to the next level.
You should keep copies of timecards and document your breaks then compare them to your paystubs to make sure you have been paid properly.
You will need your employment contract, timecards, documentation showing breaks, your paystubs, witness statements, and anything else that will help determine when you worked and what you are entitled to be paid.
You will need to confirm your contract status, and if you have any doubts ask an attorney to review your documentation and determine if you are eligible for overtime.
If your employer does not resolve the matter, you will advance your claim to the State Department of Labor. They will review your claim and determine if you were entitled to the overtime you did not receive.
An employment law attorney will be able to help you with this aspect of your claim. If the matter does not get resolved at this level, you will pursue a lawsuit against your employer for wage theft.
Get An Expert On Your Side
Millions of workers – including mechanics – are the victims of wage theft every year. If you have suffered wage theft as a mechanic because you were not paid overtime that you earned, you should enlist the help of an employment law attorney who handles such claims in your area.
When you speak with an attorney, ask if they will take the case on a contingency basis or if they require a retainer to be paid in advance.
Your chances of a successful claim against your employer because you were not paid overtime will increase greatly if you enlist the help of an attorney who is familiar with the state and federal employment laws. You have a limited time to pursue a claim, so get your free case evaluation today.
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