How to Report Unpaid Overtime Pay

 In Employment Law, Overtime Law, Wage Law

When you work overtime, it is likely not out of the goodness of your heart. It is either because your boss really needs the extra help or because you really need the extra money. In either instance, know that your time is not free, and that you are entitled to charge for the extra hours you put in. If your employer has not paid you overtime wages that are in compliance with federal overtime laws, reach out to the wage and overtime lawyers at Herrmann Law to discuss your legal options today. In the best-case scenario, a single complaint with the FLSA should suffice. If your employer has deliberately violated the law, the issue may become much more complex. However, do not put off filing a complaint for fear of a complex lawsuit. A skilled attorney can guide you through your case and ensure a positive outcome and as little hassle for you as possible.

How to File an Overtime Complaint

If you have a complaint regarding overtime pay, you should hire an attorney to file a lawsuit on your behalf. It is almost always better to contact an attorney before you contact or file a claim with the Wage and Hour Division.  

However, you should not delay in contacting an overtime attorney or filing an overtime lawsuit. According to federal law, you may have as little as two-years to file a lawsuit for an wage and overtime violation for which you are claiming back wages. In other words, you can only reach back two-years from the date a lawsuit is filed to recover unpaid wages and overtime. However, you should never wait – delay could be harmful to your case or cause the loss of valuable legal rights. 

Remedies for Wage and Hour Violations

In addition to recovering back wages, you may also be entitled to other damages for your troubles. However, what kind of damages you recover all depends on how you file your claim. For instance:

  • You may be entitled to “liquidated damages,” which is an amount equal to the amount of back pay that you are awarded. The liquidated damages is a penalty that is in addition to the amount of wages your employer already owes you.
  • If you file a private lawsuit, you may be entitled to the back wages, liquidated damages, plus the cost of attorney and court fees. You may not file a lawsuit if the Secretary of Labor or WHD has already filed a claim on your behalf.

Stand Up for Your Rights Today and Call a Wage and Overtime Attorney

Though extra hours at work can be nice, you deserve to be compensated for setting aside your personal life and family time to go above and beyond at work. If your employer has purposefully and repeatedly violated the FLSA overtime laws, or if he or she is just now aware of them, reach out to the Fort Worth wage and overtime lawyers at Herrmann Law to discuss your options for recovery today. Call now to schedule your private consultation, or use our online contact form.

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