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What to do about unpaid overtime

There may come a point when you request to work overtime, such as if you need to catch up on past assignments. Just the same, there are situations in which your employer may ask you to work overtime, such as if they're short-staffed.

While there's nothing wrong with working overtime, it's important to remember one thing: You may have the legal right to receive overtime pay.

If your employer neglects to pay you for overtime hours, you should first take these two steps:

  • Make note of how many hours you've worked without pay
  • File a report with your human resources department

In some cases, this is all you need to do in order to get back on track. It's possible your employer made an honest mistake, especially if you don't typically work overtime hours.

If that doesn't work, it's time to consider filing a wage and hour complaint at an office of the Wage and Hour Division (WHD) of the Department of Labor. You'll be asked to share details such as:

  • Your personal information, such as name and telephone number
  • Your employer's information, including name, address and contact information
  • Your job title and responsibilities
  • Payment information, including how much you're typically paid and the method of receiving compensation
  • A description of the overtime violation
  • Dates of the violations

Unpaid overtime is a big deal, as you should receive compensation for any hours you put in. If you're unable to work things out with your employer, don't wait to take legal action with the idea of receiving all the compensation you deserve.

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Costello & Mains, LLC

18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054

Toll Free: 800-421-0212
Phone: 856-291-0642
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