Contact Our Overtime Pay Attorneys To Evaluate Your Case
Millions of Americans are currently working jobs that allow for overtime benefits. These men and women want to make sure that they are being paid extra whenever they earn that extra pay. But too many companies try to cheat their employees out of overtime pay through a wide variety of means. These violations cost employees millions of dollars each year and go unpunished the vast majority of the time. Stopping these violations is essential to ensuring that a person makes as much money as possible from the hours that they work on a regular basis.
What are overtime violations?
Overtime violations are a broad category of workplace offenses that include any action designed to help a company avoid the payment of overtime funds that they owe. In almost all instances, companies want to get away with paying their employees as little as possible. This effort is challenged by the rule of overtime. The overtime rule mandates that companies pay their employees one and a half times their original salaries for any hours that they work over 40 hours in a week. In order to avoid paying these funds, companies will take a wide variety of dubious and often illegal steps. They sometimes simply refuse to pay a person for the hours they worked.
Some companies shift hours from one week to another in order to keep each weekly total under 40. Other companies will classify their employees incorrectly in order to avoid these requirements. Some employees can be exempted from overtime rules if they meet a handful of requirements including managerial duties. Many companies will lie and misconstrue the nature of their employees’ work in order to help them meet these guidelines. No matter the tactic, these actions constitute severe forms of theft and should be prosecuted vigorously by law enforcement and overtime dispute lawyers in Los Angeles.
There are a number of possible pieces of proof that an individual can use in order to help attorneys make an overtime case. One of these is a log of when an individual worked corresponding to their pay stubs. But many companies are too crafty to be caught with simple pay logs. There may not be any paper record that a person was being paid unfairly and in an inordinate way. A person may have to get creative in their retrieval of evidence. They may plot and gain evidence for every event in their work day over a period of two weeks.
This accounting can help a person show that they are working more than they are getting paid for when compared with their pay stub. It can also prove that they are a category of employee who should actually be paid overtime. Such a determination is sometimes subjective but can be proven in court in severe instances. Finally, some states allow a person to record conversations that they have with their bosses or other employees that may point to severe overtime violations. These recordings are often thrown out in court. A person must treat them carefully and ensure that they are following all local guidelines before making them.
What to do
Anyone who thinks they are the victim of an overtime violation needs to start collecting evidence as quickly as possible before hiring legal representation. They should not immediately quit their job. Instead, they should start looking into the situation and gather as much evidence as they can. Individuals should save email correspondence and consider taking home any evidence that may incriminate their bosses that belongs to them. Then, they should enlist the help of an employment attorney in Los Angeles. He or she will help clients decide what to do next by giving advice on when they should quit their job and when they should contact different agencies.
With a workplace lawyer, an individual has a number of options. Their first step should always be to contact the offending party and attempt to reach a settlement. This settlement would often involve an apology and/or payment of back pay in addition to money for missing those wages. In such a case, a person may even keep their job at a company. This scenario is best for individuals who sincerely believe that the wage loss was due to an innocent error in the company.
The next step is to contact a government agency. Each state has a department of labor which can help with these issues. Many states also have local boards that are empowered to deal with this sort of violation. Government boards will often take on a case and decide one way or another on fines and the payment of lost wages. If these administrative actions do not work, individuals can take the case to district court. District courts will decide on payments and potential penalties. Taking a case to district court is incredibly expensive for both parties and they will often try as hard as they can to reach a settlement before the case reaches such a severe stage.
Overtime violations are a serious form of wage law violation. The victim will often need legal assistance to sue an employer for unpaid wages. These actions involve pure theft of money that is legally owed to an individual. No matter the situation, these violations need to be pursued vigorously by a specialized lawyer that can aid this process greatly. It can mean the difference between success or failure for anyone who has been robbed of overtime compensation.