Overtime Lawsuits

Employers cannot legally terminate an employee for this reason without risking serious penalty. It is also against the law for employers to discriminate against an employee for filing an overtime lawsuit or testifying in an overtime pay proceeding. Employers who retaliate against an employee may be subject to fines or criminal prosecution and the employee may be entitled to “legal or equitable relief”.

It is not necessary for an employee to report or request for overtime beforehand. Employers are obligated to manage the work of their employees and it is their responsibility to prohibit work if they do not want it to be performed. “Failure to ask” for overtime is not a defense for an employer subjected to a federal overtime pay lawsuit.

However, an exception may be made if the employee’s failure to report overtime resulted in the employer being aware that the work was performed or if the employer has enforced a requirement that all work must be reported.

The time taken can vary as every case is unique and there are many factors involved. If a pre-lawsuit settlement is reached, the case can be resolved in a matter of weeks or months. If a lawsuit is required, the case can take a year or more to proceed to trial.

Overtime law allows recovery for overtime work performed two years prior to a lawsuit. A three-year statute of limitations can apply if the employer was aware that their employment and pay practices did not comply with the FLSA but did not take action to remediate it.

It is best for employees to file lawsuit as soon as they believe that their overtime pay rights have been violated. Complaints to their employer or the Labor Board will not extend the time they have to recover their overtime pay.

Under federal and state overtime law, employees are entitled to recover their attorneys’ fees if it is ruled that they earned overtime pay. In the event that a case does not proceed to trial, overtime lawsuit cases often include provisions for the employer to pay their employee’s attorneys’ fees.