How to File an Overtime Pay Claim Against Your Employer?

Filing an overtime pay claim can feel intimidating, especially when dealing with an employer who may be withholding wages unlawfully. Fortunately, there are ways to make claims to recover what you are owed. The process typically involves gathering evidence, understanding labor laws, and formally filing your claim with the appropriate agencies or courts.

What Is Considered Overtime Pay?

Overtime pay refers to the additional compensation employees are entitled to receive for working more than a standard number of hours in a workweek. Under the Fair Labor Standards Act (FLSA), non-exempt employees must be compensated at a rate of one and one-half times their regular pay for any hours worked over 40 in a single workweek. However, some state laws may have additional requirements, such as daily overtime provisions.

To determine if you are eligible for overtime pay, consider whether your position qualifies as non-exempt. Certain employees, such as salaried workers in managerial roles, may fall under exemptions. Additionally, the FLSA does not apply to independent contractors, so their eligibility depends on the nature of their employment relationship.

How Do I Determine if My Employer Violated Overtime Laws?

An employer may violate overtime laws by failing to pay overtime rates, misclassifying employees as exempt, or manipulating time records. If you believe you were not properly compensated, start by reviewing your pay stubs, employment contract, and timesheets. Look for discrepancies in recorded hours and actual time worked.

It is also helpful to familiarize yourself with the laws that apply to your situation. Federal overtime laws may differ from those in your state, and some states provide broader protections. Analyzing how your employer calculates overtime and whether their practices align with legal requirements is an important step in identifying a violation.

How Do I File an Overtime Claim With the Department of Labor?

Filing a claim with the U.S. Department of Labor (DOL) is one way to recover unpaid overtime wages. To begin, you must submit a complaint to the Wage and Hour Division (WHD), which investigates claims related to federal labor law violations. The complaint should include details about your employment, hours worked, and the wages you believe are owed.

Once the WHD reviews your complaint, an investigation into your employer’s practices may be initiated. This process could involve examining payroll records, interviewing employees, and assessing whether your employer violated the FLSA. If the WHD determines that your employer failed to comply with overtime laws, they may require the employer to pay back wages or face penalties.

Can I File a Lawsuit Against My Employer for Unpaid Overtime?

If administrative options do not resolve your claim or if you prefer to take direct legal action, filing a lawsuit may be an alternative. You can bring a claim against your employer in state or federal court to recover unpaid wages, liquidated damages, and attorney’s fees.

To file a lawsuit, you will need to demonstrate that your employer violated overtime laws and that you are entitled to compensation. The evidence you collected will play a significant role in supporting your case. It is also important to consider any applicable deadlines, as wage claims are subject to statutes of limitations.

Let the South Jersey Overtime Claims Lawyers at The Gold Law Firm P.C. Help You Get the Pay You Are Entitled To

If you need legal assistance with filing an overtime claim, reach out to our team. The South Jersey overtime claims lawyers at The Gold Law Firm P.C. have experience handling wage disputes and are dedicated to helping employees recover the compensation they are owed. For a free consultation, submit our online form or call 215-569-1999. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.