New Jersey and Federal Wage and Hour laws guarantee employees the right to fair wages. Unfortunately, it is not uncommon for employers to neglect their legal duty to provide their employees with the overtime pay and compensation they deserve. In such cases, their employees may have to resort to filing an overtime lawsuit. Read more about what overtime lawsuits are and what they entail below.
Understanding Overtime Lawsuits
A regular work week is 40 hours. Any time worked in excess of 40 hours is subject to overtime pay for overtime-eligible employees. Employees who are not given the overtime pay they are due can file an overtime lawsuit.
Why Should You Hire Attorneys for Overtime Lawsuits?
If you are a salaried employee who has been denied a rightful claim to overtime pay, an attorney can get justice for you. Whether you have been wrongfully labeled as exempt from overtime, misclassified as an independent contractor or otherwise not been properly compensated for work you have done, an attorney can help you to get full and fair compensation for lost wages and overtime.
Common FAQs about 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.
Choose Carcich O'Shea, LLC for Experienced Employment Law Attorneys
We at Carcich O’Shea, LLC have years of extensive experience in employment law. You can be sure that we will provide high quality and vigorous representation for employees who have been mistreated to help them receive financial and other forms of legal relief.
If you have more questions about our legal expertise in overtime lawsuits, feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to firstname.lastname@example.org.