Wage and Overtime Claims

Exempt vs Non-Exempt Employee

 

Fair Labor Standards Act

 

Unpaid Overtime

 

Prove Unpaid Wages and Overtime

 

Is Overtime After 40 Hours in a Week or 8 Hours in One Day?

 

Statute of Limitations for a Wage and Overtime Claim

 

How to File a Wage and Overtime Claim?

 

 

A Wage and Overtime Claim is when a non-salaried or non-exempt employee is not properly compensated for the work completed.

 

Exempt vs Non-Exempt Employee

 

The U.S. Department of Labor Wage and Hour Division have tests to see if you are an exempt or non-exempt employee within your field of work, but to put it simply:

 

Exempt Employees: 

These employees are not eligible to be paid overtime wages. Salaried employees that receive the same amount of pay each pay period no matter the hours worked.

 

Non-Exempt:

These employees are eligible to be paid overtime wages for any time worked over 40 hours in a workweek.

 

Salary Basis Test for employees shows if they are paid less than $684 a week or $35,568 a year, as determined by the DOL, then they are classified as Non-Exempt.

 

Fair Labor Standards Act

 

Wage and Overtime Claims generally fall under the Fair Labor Standards Act (FLSA). The FLSA mandates the federal minimum wage rate of $7.25 per hour. Some states are subject to federal and state minimum wage laws which could require it to be higher. They also require the employer to pay 1.5 times the regular rate of pay after 40 hours of work within a week.

This is required by law, it doesn’t matter how the employee is categorized or what the employer has said about overtime pay policies. Overtime must be paid within the regular pay period and not pushed off to the future. Also, it is illegal for the employer to retaliate against you for filing a formal complaint with the FLSA.

 

Unpaid Overtime

 

The US Department of Labor announced that a record-setting $322 million in wages recovered in the year 2019. This shows employers are not paying their employees the correct amount in wages and overtime pay in record amounts.

 

Employers can use different methods to attempt to avoid paying overtime. A couple of examples that we have seen are:

 

• Improperly classified as exempt and not eligible for overtime pay when you should be eligible.
• The employer will pay substantially low hourly rates
• Defining overtime hours as time off or comp time
• Defining your regular hours as standby or on-call time
• Unpaid overtime as off the clockwork

 

 

Prove Unpaid Wages and Overtime

 

It may be difficult to prove an unpaid wage and overtime claim. Direct evidence is the strongest evidence against the employer but other examples may include:

 

• Payroll/Hourly Records – The EEOC requires that all employers keep records of hours worked and wages paid.

• Electronic Data – If you work from home or on a computer all day you may be able to obtain digital information on times logged in and off of the system.

• Video Footage – The office you work in may have surveillance footage of you coming and going.

• Coworker’s Testimony – A witness who worked in the same company at the same time as you can help prove overtime hours worked.

 

 

Is Overtime After 40 Hours in a Week or 8 Hours in One Day?

 

In the state of California overtime is legally counted as anytime over 40 hours in a workweek AND anytime worked over 8 hours in a day. Therefore, if you were to work 9 hours on a Wednesday but you still do not hit your 40 hours for the week you are legally entitled to receive one hour of overtime pay.

 

Statute of Limitations for a Wage and Overtime Claim

 

In California, the statute of limitations is 3 years. In many instances, an employee may sue for up to 4 years unpaid wages under an unfair competition statute claim.

 

How to File a Wage and Overtime Claim?

 

The attorneys at Smith Trial Group have over 40 years of experience in dealing with Employment Law. We can help you obtain the compensation you deserve. Contact us for a free case evaluation or call anytime at 855-202-2232.