How to get Unpaid Overtime
Getting unpaid overtime can be a challenge if you don't know what you're doing. In many cases, you can file a claim with your state without a lawyer. In other cases, having an employment lawyer may be helpful. No matter the situation, there are steps you can take to claim any unpaid wages that are owed to you.
Other People Are Reading
Instructions
-
-
1
Make sure you are eligible for overtime. If you are in an exempt position (paid by salary regardless of hours worked), you are probably ineligible for overtime. Positions with management, outside sales, executive, professional and administrative duties tend to be exempt according to the Federal Labor Standards Act.
-
2
Keep track of your unpaid overtime. In some cases, your employer's record might not be correct, so you need to keep track of the time daily. Checking your timecard daily is important to make sure it has the correct information.
-
-
3
Check with your state laws on overtime eligibility, which may be more generous than FLSA. The requirements vary state to state. For example, in California many lower paid computer professionals are actually eligible for overtime. A laywer in your state may tell you whether or not you have a case in your state.
-
4
Discuss with your employer the discrepancy you notice in the amount you were paid and the amount you think you should be paid. Bring your records and any timecards.
-
5
File a complaint with your state labor board if you can't get your employer to pay the unpaid overtime.
-
1
Tips & Warnings
If you feel you've been misclassified as an employee, you will need a lawyer to help you. If there are lots of employees involved, you may get employment lawyers interested in doing a class action.
If you are still employed with your employer when you file, you may experience adverse action even though it is illegal for your employer to retaliate.
