Unpaid overtime claims and unpaid overtime settlements can also be filed if employees are denied compensation for regular overtime hours in violation of the Fair Labor Standards Act. Overtime pay is often a common practice in many businesses because it allows operators to more easily meet deadlines.
Overtime is defined as working more hours in a week than the usual number of hours worked. Companies should never have employees work more than the usual number of hours for that particular week. Wage theft is a serious issue throughout the United States. Approximately one out of every four reported cases involved overtime pay or the failure to pay an employee for overtime in violation of the FLS.
Unpaid Overtime Lawsuit
Workers who file a complaint must prove several things in order to win their lawsuit: that they were not paid for overtime, that the employer has been negligent in terms of paying workers, and that these violations have caused them to be owed money by their employer. To help with this aspect of the lawsuit, a lawyer may be hired to represent the workers.
Many attorneys offer free consultation to potential clients so that they may make sure that filing a lawsuit is the right choice for them. In some cases, the attorney does not have to spend any of his/her own money in order to fight for the workers’ rights; if this is the case, then the client would have to hire an attorney on their own.
An unpaid overtime lawsuit is filed by an employee who is owed payment for the time that they worked beyond the usual number of hours worked.
Often, the employee will be owed additional amounts for mileage, meals and so on. If the court determines that the employer has acted in a manner which constitutes negligence, the employees may receive monetary damages. However, in the majority of cases, the employee will not receive punitive damages.
Unpaid overtime pay lawsuits are often pursued by employees who are owed additional wages for each hour worked after seven o’clock in the evening.
The United States government has placed restrictions on how many hours an employee may be required to work in a week, as well as regulations about what kind of hourly wage to be paid. For example, if an employee is required to work a twelve hour day, and that period is extended by one extra hour, that person’s hourly wage will be several dollars higher than if they had only worked for eight hours. As a result, courts do not allow unpaid overtime pay lawsuits for the majority of the week.
Some employers attempt to avoid responsibility for their employees’ overtime hours by creating artificial time sheets.
Unfortunately, employers are not required to create real time sheets for their employees. If they are required to use fake time sheets, then the employer can deduct these hours from their employees’ salaries. In addition, employers are not required to let their employees know about these time sheets. Unpaid overtime pay lawsuits for this type of situation have been seen many times. The punishment for this violation is usually a monetary fine or a temporary suspension from paying out wages for those hours.
It is the responsibility of the employer to make sure that their workers are receiving all of the wages that are due them.
Some employers have been caught by the state or federal government paying their employees for unpaid overtime simply because they do not include this information in their payroll reports. As a result, workers have been forced to take their complaints to the state or federal labor board.