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Should You Make a Claim for Unpaid Overtime Pay?

You may have always thought that getting a paycheck was straightforward. You put in your hours at work and receive a paycheck accordingly. Wage payment, however, can get complicated. For instance, there are overtime laws to consider. If you work overtime hours, your employer must pay you at the overtime premium rate. In most cases, this means that your employer must pay you time and a half for every hour you worked overtime. If you are not properly compensated for your overtime work, you can make a claim for unpaid wages.

Should You Make a Claim for Unpaid Overtime Pay?

Federal law protects an employee’s right to overtime pay for hours worked in excess of 40 hours in a workweek. When an employer fails to properly compensate an employee for overtime hours, the employee can bring an unpaid wages claim. It is important to note however, that not all employees can earn overtime. The Fair Labor Standards Act, which provides protection for the proper payment of overtime wages, does not provide coverage to all employees.

If an employer is covered by the FLSA, then the employer is obligated to pay all qualifying employees overtime unless the employee fits into an exception to the law. Those employees that fall into exceptions are referred to as “exempt” employees because they are “exempt” from the FLSA overtime pay protections. “Non-exempt” employees are entitled to overtime pay. More notable non-exempt employees may include those in increased salary ranges and those working in a supervisory or managerial capacity. If your employer is denying you based on a claim that you fall into one of the FLSA exceptions, you may still want to seek counsel to see if this is right under the law or whether it is in error.

When talking about proper wage payment and payment for overtime hours, it is also important to take a look at whether your employer is accurately calculating the number of hours you work in a workweek.  For instance, if your employer requires you to complete certain tasks prior to clocking in for the day, after clocking out for the day, or during your break times, then this time should be included in the hours you work for the week. You should also take a look at whether your employer is properly calculating for the time you work at home or the time you work when you have been directed to be “on call.”

Employment Law Attorneys

Wage and hour law is a complicated subset of employment laws. The team at Castronovo & McKinney wants to help you ensure that you receive proper payment for the time you spend working. We know the prospect of filing a wage claim can be daunting, but you are only pursuing fair compensation for the time you have worked. This is your right and we are here to help. Contact us today.

Thomas A. McKinney, Esq.

Thomas A. McKinney, Esq. is an experienced New Jersey Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. If you have questions about this article, contact Thomas today by clicking here.