- Salary/Exempt workers
- Independent contractor
- What is the FLSA
- How long do I have to bring my claim?
- Can I still sue if I don’t have my paystubs?
- Can I recover overtime wages if my employer never kept track of my hours?
- Arbitration Agreements
- Agreements with Employer to Not Receive Overtime
- What are liquidated Damages
A: YES. Employers routinely treat their employees as exempt from the FLSA when they are not exempt. This is called misclassification.
Can I recover overtime wages if my employer says I am an independent contractor and I get paid with a 1099?
A: YES. Employers often tell workers they are independent contractors to save on paying taxes and not pay overtime wages. This is another common misclassification.
What is the FLSA?
A: The FLSA stands for the Fair Labor Standards Act. It is an important federal law which requires employers to pay overtime wages for all work in excess of 40 hours a week. The employer must pay time-and-a-half as an overtime wage. For example, if you are paid $10 an hour as an hourly wage for the first 40 hours of work, you must be paid $15 per hour for every overtime hour more than 40 hours a week. The FLSA also sets the federal minimum wage at $7.25 per hour.
How long do I have to bring my overtime claim?
A: Generally you have two years to bring your claim. However, the time limit to bring a claim is extended for three years if it is a willful violation.
Can I still sue if I don’t have my paystubs?
A: YES. When the lawsuit begins, the employer will have to turn over all pay records in a court process called discovery. We will be able to see pay records from each of your workweeks to find the wage violations.
Can I recover overtime wages if my employer never kept track of my hours?
A: YES. Employers are required to keep records of the hours, wages, and overtime pay for each employee. If the employer does not keep track of these important things, the court would allow you to estimate your hours and prove your overtime damages.
Will the arbitration agreement I signed with my employer prevent me for recovering overtime wages?
A: NO. You can still recover overtime wages even in arbitration. Call an experienced wage and hour attorney to discuss the details of your arbitration agreement and what it means.
Can my employer force me to agree that I will work without receiving overtime wages?
A: NO. Employees and employers cannot contract around the FLSA. So, everyone that is entitled to overtime must be paid overtime, and any agreement they make to not receive overtime is invalid.
Can my employer fire me for filing an overtime claim against them?
A: NO. This is called retaliation. If you can prove an employer retaliated against you for standing up for your overtime wage rights, you can recover additional damages in your claim, in addition to the overtime wages they already owe you.
What are liquidated damages?
A: The FLSA requires Plaintiffs to be paid double damages, also known as liquidated damages when their case is successful. For example, if the employer owes you $5,000, they must pay you $10,000. If the employer owes you $10,000, they must pay you $20,000.
Call Brandon Thomas now at (678) 330-2909 and ask the questions that you have been wondering about. Get the overtime wages you deserve!