Article

What to Do When Preparing for a Lawsuit about Unpaid Overtime

Topic: Legal ServicesPublished June 29, 2017
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Logic states that employees need to be compensated for all their hours on the clock. Sadly enough, many employers do not pay all their employees fairly for the time they spend on the job. In many cases, employees face instances where overtime goes unpaid by their employers, and it happens to millions of Americans. This act is labeled wage theft. In total, employees across America are left unpaid for almost $56 million each week in total. On the bright side, many federal regulations are being created to protect workers belonging to the middle and lower classes to prevent such things from happening. Some employers do not play by the rules, though. Therefore, unfortunately, going through an unpaid overtime lawsuit is the only option for some workers, even though these regulations became active as of December 1, 2016.

Ways Employers Evade Paying Employees Properly

rnThere are a few tactics that some employers use to avoid paying their employees properly. One of these tactics is to hire employees on as independent contractors. These people are tied to only making a certain amount of money, but the demands of their job as they are laid out in a contract can be time-consuming. Another tactic some employers pull is trying to pay employees less than the minimum wage dictates federally. The most common tactic, though, is to deny employees pay for their hours spent working overtime. This statement is especially true for employees who work on a salary basis. It is important for people to understand that these tactics are illegal, and they have the right to fight for their wages. Often though, a wage theft lawyer must be hired.

Coverage According to the Federal Labor Standards Act

rnMany employees across the United States to do not understand or are not aware of what exactly the FSLA dictates. First and foremost, it makes certain that a minimum wage is in place, and it guarantees that workers are paid for overtime work. As mentioned previously, new regulations were added to FLSA in December 2016. These regulations expand the power of FSLA, including widening the salary threshold under which people are protected, meaning more Americans are safe from mistreatment. It now includes people who make up to $913.00 each week instead of just $455.00 as it had in the past.

How to Find Help for Gaining Unpaid Overtime

rnIn cases where an employer violates FSLA, the Department of Labor needs to be notified immediately. Alternatively, a lawsuit can be filed on the employee's behalf. This second option seems to be more effective as private attorneys have obtained more settlements than any state or federal entity. In many cases, federal law allows these attorneys to secure up to double what the missing wages are. Working with the right attorney is the key to finding success.

Conclusion

rnNot receiving the proper wages for work is illegal in the United States, but many employees feel as if they cannot fight for those wages. Doing the right thing by filing a lawsuit to be paid for the time spent at work is often the right decision for many employees.

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