Unpaid overtime is a serious wage violation that can result in legal action. Employees who are eligible for time-and-a-half pay can be robbed of income they deserve through the actions of their employer. Whether the violation is intentional or not, employers should be accountable for the violations.
Below are a few ways employers may try to justify overtime violations, as well as information on what you can do if you feel you are owed overtime pay.
- They might misclassify you as an exempt employee. Exempt employees are exempt from the overtime rules dictated by the Fair Labor Standards Act and are not entitled to overtime pay. However, there are rules in place for classifying workers, and if an employer violates those rules and misclassifies you, you might not be receiving overtime pay you rightfully deserve.
- They might ask or require you to work off the clock or on breaks. This could include having you come in early to set up a worksite or run work-related errands after you clock out. Having you perform job functions when you are not officially clocked in is a way employers can have you work without paying you for it.
- They might not keep accurate records of your working hours. Overtime is available to eligible workers who work more than 40 hours in a workweek. If employers do not keep accurate records, they could claim you worked 39 hours in a week when you actually worked more than 40.
If you feel these or other similar actions have resulted in unpaid overtime, then it is critical that you take steps to address the situation. You can consult an attorney who can investigate your claims and explain your rights and legal options regarding any wage or hour violations.
Based on the specifics of your case, you may have grounds to file a legal claim seeking not only the overtime you deserve but also any damages resulting from the violation of your rights.