Power plant workers play an important role in our daily lives by ensuring that our homes and businesses have the power that we need to get things done and to enjoy life.
If we did not have power plant workers, we would be lacking access to power in many areas of the country.
If you work in a power plant, you most likely work long shifts and face long days on the job. If you believe that you are working overtime hours and that you are eligible for overtime but not being paid overtime that you have earned, you may be the victim of wage theft. There are resources available to help workers who have suffered wage theft.
Eligibility For Overtime
The Fair Labor Standards Act (FLSA) establishes overtime. Overtime is to be paid at a rate of no less than one-and-a-half times your regular pay rate for any hours that you work exceeding 40 hours during a workweek.
Only workers who are classified as non-exempt employees are not eligible for overtime pay. Usually, if you are paid an hourly rate for your work you are not considered exempt and qualify for overtime pay.
While you may work more than 8 hours in a day and not qualify for overtime because overtime only applies to hours worked during the workweek.
There are state laws that may come into play as well. Some states require overtime to be paid to workers who work more than 8 hours during a day. But in general, if you work 50 hours during a workweek, you are entitled to receive 10 hours of overtime pay on your check.
Gathering Evidence Of Eligibility
If you have not been paid overtime that you were entitled to receive as a power plant worker, you can pursue a wage theft claim against your employer to recover that compensation that you are owed.
However, you must gather evidence that shows you were eligible for overtime as well as evidence that shows you were not paid the overtime that you earned and were entitled to receive.
First, review copies of your timecards and compare them with your paystubs. You should review the state laws where you work as well as the federal laws.
After you have reviewed your employee handbook plus the state and federal laws, you should be able to determine if you are entitled to overtime if you work in excess of 8 hours a day because of state legislation or if there are no state laws that indicate overtime based on the hours worked during a day, you will be protected by the federal laws that require overtime to be paid for any hours in excess of 40 hours during a workweek.
You will need to review your employment contract and determine your contract status. You should check to see if you are a salaried employee who is non-exempt – but some salaried employees are not exempt, so check the wording and if you have questions speak with an employment law attorney. If you are an hourly employee, you will definitely qualify for overtime pay.
What To Do Next
If you have reason to believe that you were eligible for overtime pay, but you did not receive the compensation you were entitled to get, you will need to get your claim underway.
Get things started by talking with your company’s human resources (HR) department. You should give them copies of your evidence to review. Be sure to document the response of HR and keep any correspondence that you receive from them.
If you have not received your overtime pay as a power plant worker, you do have rights. If your employer doesn’t resolve the matter, you will need to file a complaint with the state Department of Labor (DOL).
Keep all the original documents and evidence. If the DOL cannot get the issue resolved, you will take the next step and file a lawsuit against your employer.
These claims can be complicated, so you could benefit by enlisting the help of an employment law attorney.
Get a Free Case Evaluation Today
If you have suffered wage theft because you were not paid overtime as a power plant worker, you should speak with an employment law attorney who handles such claims in your area.
Employment law attorneys are familiar with the state and federal laws that apply to your situation. When you meet with a lawyer, go over the different payment options and determine the best way to proceed with your claim. Complete the Free Case Evaluation Form today.
Additional Resources
