Not getting paid after working hard for hours can be disappointing and may even anger you. If you are working overtime, your employer must pay for the extra hours. According to the Fair Labor Standards Act, your employee is supposed to pay you one and a half times more for every additional hour you work other than your regular number of hours.
However, if you are not getting your overtime pay, you are probably being exploited by your employee, and you must take action against this behavior. If your employer refuses to pay you, ignores the topic, or shows retaliation, you may need the assistance of an employment attorney New Jersey.
Are you eligible for overtime pay?
If your employer is covered by FLSA (Fair Labor Standards Act), then they must pay overtime wages to all their employees who work extra hours. Even if FLSA does not cover them, you may be entitled to overtime pay according to your state laws. Your employment attorney can help you understand these laws and help explore your options.
However, you may not be eligible for overtime if you fall in one of the exception categories. If you are included in the exempted list of employees, you may not be allowed to exceed 40 hours of work weekly because of the type of job you have or your pay rate.
What to do when you are not getting paid for overtime?
If you fall in the unexempted category and believe that your employer is not paying you fairly for your work, you need to take specific steps to seek justice. First of all, you must discuss this issue with your employer politely and ask them for your pay. Show evidence of your work and explain how you are legally entitled to overtime.
In the case your employer fails to pay you, you can lodge a complaint in your state’s department of labor. The department of labor has the authority to investigate the claim and ask your employer to pay you. If this does not seem to work for you, you can file a civil lawsuit against your employer by hiring an employment attorney.
Hiring an attorney is essential for various reasons. An attorney will help you gather the necessary evidence to prove your case and put forward your best arguments. They can also prevent you from doing or saying something that may not work best in your favor. Moreover, the opposite party is probably going to hire an attorney, and they might take advantage of your lack of legal knowledge.
