If you are a retail worker, you may be working long shifts and face long weeks on the job. There are laws in place to protect workers and to establish fair and proper payment.
As an example, laws establish minimum wage and, also, federal laws require employers to pay non-exempt workers overtime for any hours worked over 40 hours during a workweek.
Most retail employees are paid on a hourly basis, so they would be entitled to receive one-and-a-half time the regular hourly rate for any overtime hours worked.
If you believe you were entitled to overtime, but you were not paid overtime, you may be the victim of wage theft. If you suffered wage theft, you can pursue a wage theft claim against your employer.
Eligibility For Overtime
Your employer can set the workweek, which could be a Sunday through Saturday, a Tuesday through Monday, or any combination of days just so long as it is seven consecutive 24-hour periods totaling a 168-hour week.
The Fair Labor Standards Act (FLSA) overtime is to be paid for any hours that you work past the 40-hour standard. Overtime must be paid at a rate no lower than one-and-a-half your regular wage.
As an example, if you are paid $12 an hour, then your overtime rate would be $18 an hour. Usually, if you are paid hourly wages, you are non-exempt and eligible to receive overtime pay.
Some states have additional laws regarding overtime. In some states, you may be entitled to receive overtime for hours in excess of 8 hours worked per day.
In states with such laws, if you work a 10-hour day, you would be entitled to two hours of overtime. You should keep watch of your paycheck to make sure that you receive all the pay that you are entitled to receive each pay period.
Review your timecards and compare them to your paystubs. Any discrepancies should be reported right away.
Gathering Evidence Of Eligibility For Overtime
You should first check your company handbook and review the policy regarding overtime. Then review the state and federal laws that apply to overtime. Check the laws in your state to see if you are to be compensated for any hours worked in excess of 8 per day.
You will also need to review your employment contract and make sure that you are properly classified. If you are an hourly employee, you will most likely be eligible for overtime. If you are a salaried employee, you may be eligible depending on your classification.
If you are a contract employee, you are not considered an employee of the company, and if your contract does not specify you can receive overtime you may not be eligible for overtime.
You should speak with an employment law attorney to determine if you are eligible to receive overtime and if you have been the victim of wage theft.
An attorney will be able to review the details of the claim and will be able to determine how to proceed with your claim and if you are owed overtime pay.
What To Do Next
If you believe you are the victim of wage theft as a retail worker because you were not paid overtime wages that you earned, you should gather supporting evidence and file a complaint.
You will start the process by filing a claim with your employer. You will need to talk with the human resources (HR) department. You will need to maintain documentation, noting how your employer responds to your claim.
If your employer does not take action, or if the matter is not resolved, you will need to pursue a claim at a higher level by contacting the Equal Employment Opportunity Commission (EEOC).
They will need copies of all your evidence, such as any paystubs, employment contract, employee handbook, and detailed records of your shifts and breaks.
You will also need to gather any statements from witnesses who can confirm when you worked and that you did work overtime.
Get An Expert On Your Side
If you are a retail worker who was not being paid overtime that you earned, you will need to enlist the help of an employment law attorney.
When you speak with an attorney, be sure to discuss payment options because some will take cases on a contingency basis while others require a retainer to be paid in advance.
If you have been the victim of wage theft, you have limited time to pursue a claim. Get a free case evaluation today.
