In our technologically driven society, many businesses have become much more reliant on the smooth operation of their technology and electronic capabilities.
Because of this, many companies have hired in their own technical support staff. If you are technical support staff who is paid an hourly wage, you will most likely be eligible to receive overtime pay in some situations.
Often, technological issues cause technical support to work long hours and extended days. If you are eligible to receive overtime pay and you worked the hours to earn overtime but did not receive it, you may be the victim of wage theft and have the grounds to pursue a wage theft claim against your employer.
Eligibility For Overtime
Many workers – those who are considered as non-exempt – are eligible for overtime pay. Usually, if you are paid an hourly wage you will qualify for overtime. Some workers who are salaried are eligible for overtime pay while others are not.
The Fair Labor Standards Act (FLSA) establishes overtime pay. The FLSA does not care how many hours are worked during a day when it comes to overtime pay, but instead, look at the hours worked during a workweek.
If you are technical support and you work 14 hours during a day, then you do not qualify for overtime pay based on the FLSA.
However, your state may have overtime laws in place that indicate overtime is to be paid for any hours worked exceeding 8 hours during a workday.
According to the FLSA, any hours that you work past 40 hours during a workweek are to be paid at time-and-a-half your regular wage.
Employers can establish their own workweek. As an example, for some companies the workweek may be Monday through Saturday, but others may use Wednesday through Tuesday.
The FLSA indicates that a workweek is made up of 168 hours, which is 7 consecutive days. As an example, if you are technical support who receives an hourly wage of $15, and you work 55 hours during the workweek, you are entitled to 15 hours overtime for the hours worked in excess of 40.
That would be $15 at time-and-a-half, which would be $22.50 per hour. It is your responsibility to check your paystub and make sure you are paid properly.
Gathering Evidence Of Eligibility
You will need to gather evidence that shows you are eligible to receive overtime as well as proof of how much overtime you are owed. You should review the laws in your state as well.
An employment law attorney could be an asset to your claim because some state laws allow for overtime to be paid when more than 8 hours a day are worked on the job.
As an example, your state may indicate that and that would mean that if you worked a 10-hour day, you are entitled to two hours overtime that day.
You should also review your employee handbook and your employment contract. Your contract should indicate your employment status.
This will make it clear if you are eligible for overtime pay unless your employer has intentionally misclassified you to avoid paying overtime.
An attorney could help you review that and determine if you were properly classified. You will need copies of all your timecards as well as copies of paystubs as well.
What To Do Next
You will need to start the claim within your place of employment. You should speak with human resources (HR) and make note of their response.
Keep any correspondence that you receive from them, and make sure you document everything. You should also make sure you build your file by gathering supporting evidence, such as paystubs, timecards, witness statements, your employment agreement or contract, and detailed records of hours worked, and breaks taken.
You must be able to show how much you are owed, so you can recover your losses.
Get An Expert On Your Side
If you are technical support and you were not paid overtime that you were entitled to receive, speak with an employment law attorney who handles wage theft cases in your area.
When you speak with a lawyer, ask about their payment programs. Some attorneys do require a retainer to be paid, but other lawyers will take cases on a contingency basis. Your attorney will also investigate your claim and help you gather supporting evidence and documentation.
Your likelihood of a successful claim will increase with a lawyer representing you. Complete the Free Case Evaluation Form on this page today.
