How To Collect Unpaid Overtime
New Jersey Attorneys Helping Workers Collect Unpaid Overtime
State and federal laws protect employees from many types of abuse. Employees who are considered nonexempt are required to be paid at least 1.5 times their regular hourly rate for any hours worked beyond 40 in a single work week. Many employers defy these laws and use tricks or intimidation to avoid paying proper overtime. If your employer is refusing to pay you the overtime you deserve, we can help you stand up for your rights.
At Costello, Mains & Silverman, LLC, we are proud to fight for employee rights. We have decades of experience helping clients who have been harassed, discriminated against, bullied and otherwise mistreated. Call our skilled employment lawyers at 866-944-3371 or contact us online for a free case evaluation.
Unpaid Overtime And Back Wages
The Fair Labor Standards Act requires employers to pay overtime. Qualified employees cannot “agree” to waive overtime payments or sign away their right to that money. The FLSA doesn’t allow employers to reach under-the-table agreements to cheat employees. That doesn’t mean that you are entitled to overtime and back wages no matter what. You must take action within a reasonable time to collect that money. There is a statute of limitations on claims for unpaid overtime. Past a certain date, you lose your right to collect the wages you were denied.
To understand your case, we need to determine if you are an exempt or nonexempt employee. If you are nonexempt, we must determine how much overtime you worked during the statutorily defined period and how much money you are owed. It is important to gather evidence that supports your claim. An experienced wage and hour law attorney is vital to putting forward a case for full compensation.
Under the FLSA, the Secretary of Labor can bring a lawsuit for back wages and damages. Employees can also file suit for back pay, damages and the cost of hiring an attorney and going to court. There are several ways to collect unpaid overtime, depending on your circumstances.
Contact Us For Legal Assistance With Unpaid Overtime Concerns
At Costello, Mains & Silverman, LLC, we are known for our trial work. We go to court to fight for employee rights. It’s what we do. When employers deny their workers lawful pay for the hours they work, it damages the employee, his or her family, and workers everywhere. If employers are allowed to get away with this behavior, it will spread. If you are not being paid for the overtime you are working, you need protection. Call us or email us to discuss your options for collecting unpaid overtime.