Any work hour that exceeded the scheduled working hour is counted as overtime work. Regularly working hours above 48 hours per week is overtime work. In most of the places, employees must be over 18 for overtime work. An employer must pay his employee for overtime. Though this overtime pay varies in companies to companies, overtime salary is usually counter to 150% of the primary hourly wage. In some companies, it is counted as 200% of the basic work hour salary.
What can be done to get overtime wages?
If an employee experiences a wage theft by his employer, he/she can file a case against him in the labor commissioner office with the help of an unpaid overtime lawyer. Labor laws protect all the workers from claiming his proper unpaid wage or benefits. A case can be filed through an unpaid overtime lawyer to get the appropriate salary. The lawyer can guide to follow proper law. Also, to get proper justice, the victim must file the case timely because some states have some special rules in this. In California, An unpaid overtime wage victim must file his claim in 3 years. In the case of a written contract, the lawsuit must be filed within 4 years.
Who are eligible for overtime wage?
An employee may not get money for his over-time work if he is an exempt employee. It doesn’t matter how much time he works if his work meets standard contracts, responsibilities, and goals set. On the other hand, if he is a non-exempt employee and out of those above rules, he can get his overtime work money.
How to file the case?
Some crucial information and papers need to collect to file the unpaid overtime wage case.
- It needs to submit a paper regarding the information of the company/ individual, its address, evidence regarding the existence of the company.
- If any other parties or persons are responsible for violating rules, the information of that party of person needs to be mentioned.
- Papers regarding the start of the working hour and finishing hour of every day, rest break, mealtime, and also about sick leaves.
- Employee’s wage statement paper needs to be included in the file. That statement paper must contain the information of the employee’s name, wages earned, and dates of payment, employer’s name, address, phone number, and all deductions such as taxes.
How to file the claim?
After gathering all information, regarding papers and documents, the victim employee must proceed to the next step to file the case of not proper payment. All materials need to be attached. Here the help of an unpaid overtime lawyer is needed most. A victim shouldn’t post any information regarding the claim in social media because it can be used against him.
What is the procedure of an unpaid overtime wage claim?
After the claim is reported, an investigation is carried out on the application. Sometimes it takes time in the investigation. It takes much time to investigate if there are a large number of employees involved. After the study, the process of hearing goes in 3 steps.
- Referral to a conference
- Referral of hearing
- Dismissal of the claim
What benefits can an employee get if he wins the case?
Suppose the result goes in employees’ favor, but the employer doesn’t pay him after the order. In that case, the division of labor standards enforcement will have the court of entering the judgment against the employer. Employees can recover their damages in a wage claim. Employees may get some interest on the unpaid wages on a rate set by law. If the employee is unable to pay the lawyer fees, the employer has to pay that.