Putting in extra hours can be tiring, but it should all be worth it when you receive your paycheck—unless your employer is not paying you what they should be. When you work overtime, you should be compensated with a bonus of 50% of your hourly wage on top of your hourly rate, otherwise known as time and a half. Unfortunately, employers may try to skirt around this regulation or fail to classify employees correctly, resulting in wage theft. If this happens to you, you can fight back. Here’s a look at what you can do.
Learn the Law
In most cases, employers must pay overtime wages to employees who work more than 40 hours in a week. These rules apply nationwide thanks to the federal Fair Labor Standards Act. There are exceptions, however, including those paid on a salary basis, independent contractors, seasonal employees, and outside salesmen.
File a Complaint
When you are owed money from unpaid overtime wages, track your time carefully and log this information in a report that you can file with the Department of Labor. Wages can often be recovered after a complaint is filed at a local office of the Wage and Hour Division of the DOL.
Talk to an Employment Attorney
Though filing a complaint is a simple process, it does not guarantee that wages will be recovered and that your rights as an employee will be fully defended. That’s why it’s a smart move to talk to an employment attorney so that you understand your rights and get the compensation you’ve earned.
At Mesch Clark Rothschild, we have experience representing clients in many common employee-employer disputes, including wage complaints, whistleblowing action, and discrimination. To discuss your case with one of our Tucson attorneys, give us a call at (520) 624-8886. You can also consult our website for a closer look at our practice areas.
