The US Department of Labor got back more than $1.4 million in compensation for 2,620 workers following the failure of companies to pay them for overtime. Unpaid overtime is when you work more than your regular hours, which is usually more than 40 hours a week, but you don’t get the extra income you’re supposed to get for that time.
This case shows how common overtime disputes are at work these days. Have you been putting in extra hours at work but not being rewarded for them? A lot of people stay late, work on weekends, or answer calls after work without getting paid more.
You may be legally entitled to extra pay if you work more than 40 hours a week. Some employers may not know the rules, and some may just choose to ignore them. You have rights in either case, and you need to assert them if you don’t want to be taken advantage of.
How will you know if it’s happening to you and what steps can you take to speak up and protect yourself? Let’s find out!
Understanding Your Employment Classification
Your employment classification is important if you want to determine your eligibility for payment of overtime. You might be an employee or an independent contractor, and that means having different rights.
Workers are usually paid overtime when they are regular employees. Meanwhile, contractors are not paid overtime regardless of the number of hours worked. Being misclassified may lead to loss of wages, and workers may have to sue for recoupment.
Your job description and employment contract should be straightforward and don’t use any words that are hard to understand. You can always ask your superior to help explain anything you have trouble understanding in the contract.
Safeguard your interests by knowing about your rights and asserting them.
Know the Overtime Laws in Your State
The state overtime laws must first be understood before you can address unpaid overtime effectively, since they can vary considerably.
Each state has its definition of overtime hours and its overtime pay rates. The federal standard overtime procedure sets overtime hours beyond 40 in a week at one and a half times pay, though some states may set a lower threshold or have additional requirements.
There could only be exceptions or special rules applicable to your industry. To acquire all the information you need for your investigation, visit your state’s labor department website or talk to a lawyer.
Knowing the law will help you understand your rights better.
Documenting Your Hours Worked
Keep track of the exact hours you work to deal with problems with overtime pay. Every day, try to write down when you start and end work. You may do this in a simple spreadsheet, with time-tracking software, or even just on paper in a journal.
Add details regarding breaks and extra hours. This record will help you prove your case. Whenever your employer keeps a record of time, compare your time with their time. In the event of any discrepancy, you will have your evidence of the time you worked.
Keep your records well organized and unobstructed since you might need them in negotiating overtime matters or if you decide to sue your employer.
Communicating With Your Employer
After you have documented the hours worked, the next step is to discuss with your manager the unpaid overtime hours.
Set up a meeting to talk to them, or perhaps send them an email. State the facts of the unpaid hours and show them the evidence you have gathered.
Stay professional and stick to the facts instead of your feelings. To have an interesting talk with your supervisor, say things like, “I noticed I’ve worked extra hours that I haven’t been paid for.”
Hear what your boss has to say and think about their answer carefully. Being welcoming will create a supportive atmosphere to resolve the issue in the company’s best interest while keeping you all professional.
Taking Further Action if Necessary
If your negotiations with the employer fail to result in an immediate overtime payment agreement, you should explore alternative options.
Compile any documents related to your case, such as pay slips or email correspondences. Subsequently, file a claim at your local labor board or Department of Labor, which will assist and guide you through the process.
You may also want to seek some advice from an attorney specializing in employment matters concerning wage claims. They will offer truly helpful advice and explain your options.
