You are legally entitled to receive the wages promised to you and may even be entitled to additional benefits and penalties if your employer refuses to pay you. If you have not received your payment your employer violates local and/or state law. Keep reading to find out what to do if this has happened to you.
Consult With a Lawyer
There are a few things you can do in this situation, but the first thing you should do is consult a lawyer. A few of the other methods described in this article may help you to bring about a claim, but they will not give you the personalized advice and attention that you need. A lawyer from an Employment and Consumer Law Group may be able to assist you with the process and better inform you about which of the options below are the best in your particular circumstance. Having an attorney means that you have someone who can inform you of any relevant statute of limitations to ensure that you file your complaint promptly and have all of the right details.
What to Do If You Are Not Being Paid Overtime
If you are not receiving pay for work you believe you should be paid for, you should first raise the issue with your employer. In some cases, the issue is very simple to solve. Automated systems may cause you to be automatically clocked out during times that you are still on the job. Your employer should be able to acknowledge the system error and correct your paycheck without any issues.
If your employer says that you are not eligible for overtime pay, it is time to get help from a lawyer. A lawyer will be able to determine whether, in your situation, the circumstances indicate that you are eligible for overtime pay. An attorney should also be able to calculate how much overtime pay you should be entitled to.
If you have a claim for overtime pay make sure that you get a lawyer to read over any release papers before you sign them. Do not sign a release form until you have received your overtime pay. Be sure to contact an attorney if your employer does not let you have a copy of the release form to view and keep.
Unpaid Overtime Settlement Process
In cases where an employer’s failure to pay overtime is blatantly obvious, an employer may choose to just settle and pay the unpaid overtime. This could be from a place of genuine desire to do the right thing and to correct their mistake or from a place fuelled by a desire to avoid an expensive lawsuit. As a result, a large portion of unpaid overtime claims is settled long before they ever even see the inside of a courtroom.
It is important to remember that any unpaid overtime claims brought forward generally need to be approved by the Department of Labor or a court to be binding and enforceable.
The Department of Law or a court will only approve the settlement of an unpaid overtime claim under the FLSA (The Fair Labor Standards Act) if the settlement is found to be fair and within reason. Recently, courts are rejecting settlements that contain clauses that require employees to keep the terms of settlement confidential. The belief is that such confidentiality provisions are seen as an effort by the employer to keep other employees from learning about the possibility of them may be also having claims to unpaid overtime.
Courts are also very wary and cautious of unpaid overtime settlements that consist of broad releases of claims against an employer, rather than just a release of claims relating to back pay. This is mainly due to unpaid overtime claims also tending to accompany other wage and hour claims that fall under state and federal laws or may entitle an employee to liquidated damages.
Although payment disputes can happen in any field, there are a few areas that are more susceptible than others.
- Restaurants and hotels
- Health care providers
- Janitorial services
- Retail stores
- Residential construction
If you are in any one of these fields be sure that you know your rights and what you are entitled to as someone in the workforce. If your employer refuses to pay you for the services you have provided, including any overtime that is due to you and without conditions, you are within your rights to bring your unpaid overtime claim to court.
