Overtime lawsuits can be filed by employees who are denied overtime wages in violation of the provisions contained in the United States Fair Labor Standards Act of 1938. This federal law provides minimum wage, overtime, and child labor standards. This law is enforced by the Department of Labors Employment Standards Administration.
Have you Been Denied Overtime Workers Compensation?
Overtime lawsuits are possible when an employee eligible for overtime wages is denied fair compensation. Employees are eligible for overtime pay when they work more than forty hours in a workweek. Overtime pay is defined as one and a half times an employee’s normal hourly wage.
Every employee who makes less than $455 per hour or $23,660 annually is eligible for overtime pay and may file an overtime lawsuit if they do not receive this compensation. Overtime laws were recently revised in August of 2004 increasing this minimum earning wage to cover hundreds of thousands of employees in low-wage industries such as agriculture, garment manufacturing, health care, daycare, restaurant work, janitorial services, and temp workers.
Employees That Qualify for Overtime Compensation
In addition to low wage workers, all blue-collar employees, law enforcement officials, public services workers, and first responders are eligible for overtime pay and can file an overtime lawsuit if these wages are unlawfully denied.
Under federal overtime regulations, there are certain employees who are not eligible to receive overtime pay and are therefore not eligible to file an overtime lawsuit. These employees include anyone who makes more than $455 per week in the following positions: executive, administrative, professional, computer, and outside sales. There are a number of tests these employees must pass in order to be exempt from overtime wages. These are all outlined by federal law and were made stricter by the enactment of new legal provisions.
If an employee feels that they are eligible for an overtime lawsuit, they can file a claim with the Department of Labor, who will investigate violations in overtime law. In 2003, the Department investigated 40,000 cases of employer overtime law violation which led to more than $212 million dollars in back wage collection. Complaints take an average of 108 days to resolve and there is generally a two-year statute of limitations for when an overtime lawsuit or complaint can be filed.
Overtime law is regulated by the United States federal government under the Fair Labor Standards Act (FLSA). FLSA was enacted in 1938 in response to widespread abuses in employment practices. FLSA set standards on minimum wage, overtime pay, and child labor regulations. Some types of employees are exempt from overtime regulations, while others are expressly protected. Until 2003, the overtime law exemption categories had not been changed since 1948, when the landscape of employment looked much different than it is today.
Overtime Law Rules
Changes in overtime law went into effect in August of 2004. Overtime law exemption rules underwent the most significant changes as well as other eligibility provisions. Under the original, unchanged, overtime law employees who are deemed eligible for overtime pay must be paid time and a half (for example if you make $20 an hour overtime pay would be $30 an hour) for work hours exceeding forty in a workweek not including hours worked on weekends, holidays, and other days of rest. Any additional compensation for overtime hours is established through an agreement made between an employee and an employer.
The new provisions made to overtime law increased the minimum salary an employee must earn in order to be exempt from overtime wages. Previous employees who earned more than $250 in a week may be exempt from overtime law benefits. Now, an employee must make $455 per week or more than $23,660 annually (in addition to fulfilling other requirements) in order to be exempt from overtime law standards.
New Regulations for Overtime Law
The new overtime law provisions prohibit the following employees from receiving compulsory overtime pay: executives, administrative workers, creative and learned professionals, some computer employees, and outside salespeople. There are a number of specific tests that an employee must pass in order to be exempt from overtime pay, which is all outlined in the FairPay overtime law provisions.
The new overtime law mandates that all blue-collar workers receive overtime pay when they engage in manual labor as part of their employment responsibilities. Also, any employee who works in public service, law enforcement, or first response fields shall also receive overtime pay under the changes in overtime law.
Overtime Law Violations
When an employer violates overtime law, employees have the right to file an overtime lawsuit to seek back pay for the wages they are entitled to. Complaints can be filed with the Department of Labors Employment Standards Administration Wage and Hour Division who investigates overtime law violations claim. In 2003 alone, this agency helped to recover $212 million dollars in back wages and $10 million in civil penalties for overtime law violation.
If you feel that you have not been adequately compensated for overtime work as outlined by overtime law, you may wish to contact a qualified and experienced workers compensation attorney who can determine your rights and options in a case to receive compensation for the wages you are legally entitled to.
How to File for an Overtime Lawsuit?
In 2003 alone, over ten million dollars in civil overtime lawsuit damages were awarded to victims of overtime law violations. Numerous large class action overtime lawsuits have been filed in recent years against major companies such as Farmers Insurance, Bank of America, Starbucks, Wal-Mart, and Radio Shack. Class action overtime lawsuits are common for overtime law violations.
If you are the victim of overtime law violations entitling you to compensation in back wages, you may be eligible for an overtime lawsuit. To discover what your legal rights and options in a case are, you may wish to contact a workers compensation attorney.