If you have been subjected to overtime wage theft, you may be entitled to compensation. The amount that you are entitled to receive from an overtime case is dependent on the amount of your losses and the details surrounding your wage theft.
You will need to gather evidence and documentation to support your claim, so you can prove your losses. An employment law attorney will help you determine the extent of your losses and determine how much you should receive for your damages.
Unpaid Overtime Wages
The primary reason for filing a wage theft claim is to collect any unpaid wages that you are entitled to receive. As an example, you may have worked 50 hours during the week and when you received your paycheck you were not paid overtime for the 10 hours that you worked overtime.
You should always review your paystub to make sure you were paid for all the hours you worked, you were paid the agreed wage, and that you were paid fairly.
There are many ways that you could be subjected to wage theft. Some of the scenarios in which you could suffer unpaid wages include being misclassified as a non-exempt employee, being required to work off the clock and not being paid for that time, time clock violations such as rounding time that cuts you out of time worked and you do not get the earnings you are entitled to receive, or classifying you as an independent contractor to get out of paying you overtime that you are entitled to receive.
If you suspect wage theft, then address the matter with your employer promptly. Get started by notifying them of your situation and ask a manager or human resources (HR) to look into the matter.
You should provide any supporting evidence and let them know how much you believe that you are owed that you did not receive. Wage theft is a serious matter that comes in many different forms. You should ask to be compensated for the wages that you earned, and your employer is required by law to pay you
Liquidated Damages
Victims of wage theft are entitled to liquidated damages, which total the amount of the unpaid wages. As an example, if your employer fails to pay you $5,000 in overtime, you could receive $5,000 in unpaid wages as well as an additional $5,000 in liquidated wages for a total of $10,000. Your employment law attorney will help you determine the total of your losses and will know the value of your case.
When a lawyer reviews your claim, they will look at your supporting evidence and documentation. They will also add up the total of your losses.
They will then determine how much to ask for the damages you suffered, and they will know how much would be a fair settlement for your claim.
Filing A Claim
The Fair Labor Standards Act (FLSA) creates the right to a minimum wage and establishes time and a half for overtime pay when an individual works more than 40 hours a week. The FLSA also prohibits employment of minors through oppressive child labor.
Title III of the Consumer Credit Protection Act (CCPA) limits the amount of an individual’s wages that can be garnished. It also protects an employee from being fired if pay is only being garnished to pay a single debt.
The Wage and Hour Division (WHD) has authority regarding any questions or concerns related to how much can be garnished or employee termination because of wages being garnished.
Fill Out A Free Evaluation Form
If you think you have been subjected to wage theft by your employer, you should enlist the help and guidance of an employment law attorney.
An attorney will know all the applicable state and federal laws and can determine the best way to proceed with your claim. When you meet with the lawyer, be sure to discuss the payment options. Some lawyers will require a retainer and you must pay an hourly rate for representation.
Other attorneys will take cases on a contingency basis and not be paid until you win your claim.
You do have limited time to pursue a wage theft claim, so you should act promptly and make sure you can recover damages for your losses. If you believe you suffered wage theft, complete the Free Case Evaluation Form on this page so you can share the details of your claim with an attorney who handles wage theft claims in your area.
