When an employee works overtime, the employer is required to pay overtime wages in specific circumstances. If an employee does not receive overtime pay, a dispute arises. The employer is required to follow the law, and if they do not, an employee may be able to file a legal claim to obtain the compensation that is due. A skilled employment lawyer will review your situation and help determine how to pursue your case.
Payment for Unpaid Overtime
There are both state and federal laws that govern fair employee wages. The Federal Fair Labor Standards Act, FLSA, requires that employees in most industries are paid overtime for working more than 40 hours per week for employees who are paid on an hourly basis. Overtime is to be paid at a rate of one and a half times the normal hourly pay. The Pennsylvania Wage Payment and Collection Law also provides protections for employees who are not paid according to the law.
There are some exceptions to the rule. Nurses, farmhands, seasonal workers, newspaper vendors, seamen, foresters, and day-laborers do not have to receive overtime pay. In addition, salaried employees, executives, administrators and those in other salaried positions do not receive overtime payments.
How to Resolve an Overtime Pay Dispute
It can be difficult for an employee to resolve an overtime pay dispute on his or her own. Your employer may have been making employee payments the same way for a number of years. However, it is important to note that if you are entitled to overtime pay, you should certainly take the steps necessary to collect it.
Overtime pay can be complicated, and it is helpful to have a skilled employment attorney review your situation and provide you with guidance. You will need to gather documentation of the hours that you worked and the payments that were made so you can pursue a fair resolution.
If you are no longer employed by the company, you may still be owed overtime pay for the time you worked. Do not wait too long to take action to resolve the dispute. You should first bring the matter to the attention of your company either through your supervisor or through your human relations department. If they do not agree or will not provide you with the payment you deserve, you should proceed to legal action.
Assistance from a Pennsylvania Employment Attorney
When you are trying to handle a dispute with your employer, it is helpful to have a knowledgeable attorney by your side. Your lawyer will discuss the matter with you and help gather the evidence necessary to prove your case. Your lawyer will work to negotiate a resolution or the matter may need to proceed to court.
In some instances, an employee may be owed penalties and attorney fees if the company knowingly withheld overtime pay or made other errors in employee compensation payments. If you have an overtime pay dispute, contact the legal team at HKM Employment Attorneys, LLP to discuss the details of your case.