If any employee works for more than 40 hours then the time period above the 40-hour limit, which has been worked extra, must be rewarded at the rate of one-and-a-half of the employee’s salary. This overtime wage calculation is based on the regular predetermined wage rate, which is intimated via the employee’s contract or the offer letter. This letter or contract mentions the amount as per the arrangement or as stated by the state authority.
The condition of unpaid overtime occurs when an employer does not acknowledge or act according to the laws established federally and fails to recompense the hourly workers for any kind of work which is carried out exceeding 40 hours in a week.
When Does Due Overtime Ensue?
Such overtime can be ensued because of the following reasons:
The usual circumstance behind due overtime is that you are being asked to work for extra hours besides your actual working hours.
You remain unpaid for the whole training tenure or are forced to report early to get ready for your work and setting up your own workstation.
Such situations can also happen if you are made to work during break hours against your wishes and also are not paid for that work.
If you are asked to be at the office or work for time exceeding 40 hours per week to cover up any pending projects.
Outstanding overtime can also happen in case of work from home jobs.
What To Do In Case Of Such Overtime?
First, you need to approach your employer and converse with him/her regarding the topic. Moreover, you should share with your employer the reasons why you deserve the overtime. To make your claim more authentic and sturdy take the help of supporting documents and present them before the employer.
In the case that your employer is still not convinced to pay you your highly deserved outstanding overtime, then the following steps must be taken:
Every state has its own procedure. For example: in the state of Texas, there is the Texas Payday Law which every Texas employer must follow. He/she is bound to pay the deserving payments to their employees as per the scheduled pay dates in full.
Another option which you could opt for is taking advice of an experienced workers comp law firm prior to the presentation of the matter in front of the court. The firm will let you know that whether your claim is viable or not.
If you feel that you are deprived of the overtime rate you can hire a lawyer to resolve the case.
If multiple employees are the victim of due overtime then there are chances of filing a “class action lawsuit” which seeks compensation for multiple employees. Any settlement would be divided proportionally amongst the employees.
If any employer has employees performing overtime, then the employees are owed fair payment of 1.5x their regular wage according to the Fair Labor Standards Act.