State Overtime Laws
Claims for Unpaid Overtime
Employees who are not paid overtime for hours worked in excess of 40 in one workweek may be eligible for an overtime lawsuit. To find out if you are entitled to back pay, fill out our free case evaluation form. Our overtime attorneys will evaluate your claim for free to determine whether you should pursue an overtime lawsuit.
Workers who file overtime lawsuits may be eligible to recover overtime damages. For instance, an employee who files an overtime lawsuit can recover unpaid overtime earned up to two years before filing the overtime claim—or three years if the company knowingly committed the violation. The worker can also collect unpaid overtime while the lawsuit is pending. In addition, the employee can recover liquidated damages, which matches the amount paid out in unpaid overtime wages. In other words, if a worker is rewarded $6,000 in back pay, they may also be able to collect another $6,000 in liquidated damages.
Employer Record Keeping
If an overtime attorney determines that a worker was wrongfully denied overtime pay, the employer must provide records of the employee’s hours. Under law, employers have an obligation to keep the following information on every employee:
- Date and time of when each workweek starts
- Number of hours worked each week
- Total hours worked each day
- Hourly rate for weeks in which overtime is worked
- Wages earned during each pay period
Many overtime lawsuits are successful simply because employers fail to keep adequate records on their employees. Because of this, they have difficulty disputing the employee’s hours in the courtroom.
Under law, employers cannot retaliate against workers who file overtime lawsuits. In other words, employers cannot demote, fire, or otherwise discriminate against employees who file overtime claims. If an employer violates this provision of the FLSA, he or she can be held accountable in court.
If you have been denied overtime, you may be eligible for an overtime lawsuit. Our overtime attorneys will evaluate your claim, at no cost to you, to determine whether your case is valid. If you are eligible for an overtime lawsuit, we will investigate your claim, examine your job duties and take all the necessary steps to recover the compensation you deserve. To speak with an overtime attorney today, simply fill out our free case evaluation form.