The Fair Labor Standards Act sets federal rules for minimum wage and overtime pay. The U.S. Department of Labor’s Wage and Hours Division can help workers with unpaid overtime, and legal action can be taken if necessary. Employees covered by the Act must receive one-and-a-half times their normal wages for overtime work, and a working week is defined as seven consecutive 24-hour periods. The WHD can help secure unpaid overtime, and legal action can be taken without their help.
The United States has specific laws addressing wage and overtime issues for hourly workers. The Fair Labor Standards Act establishes specific federal rules regarding requirements that most workers receive at least the federal minimum wage, as well as provisions for overtime pay when an employee has worked hours that qualify as overtime. When a worker feels they need to pay unpaid overtime, help may be available from the U.S. Department of Labor’s Wage and Hours Division. If that path is unsuccessful, or the employee chooses to act without her assistance, it may be necessary to file a lawsuit against the employer.
As a general rule, employees who are covered by the Fair Labor Standards Act are required, under federal law, to receive an hourly wage equivalent to one-and-a-half times their normal wages when they work more than 40 hours in a work week. A working week, for purposes of unpaid overtime compensation matters, is defined as seven consecutive 24-hour periods. A working week need not start on Sunday and end on Saturday, but it must be a set period of seven days. In addition, the averaging of hours worked over a two-week period is not permitted in order to avoid paying unpaid overtime.
When an employee believes they owe unpaid overtime, one course of action they can take is to contact the Wage and Hour Division (WHD) of the United States Department of Labor (USDL). Every state has at least one WHD office located within the state. The WHD provides oversight for the USDL in an effort to ensure that employers do not violate wage and overtime laws. WHD will frequently contact the employer on behalf of the employee and attempt to secure unpaid overtime for the employee. If the employer does not cooperate, WHD may choose to file a lawsuit on behalf of the employee in order to get the employer to pay the unpaid overtime due.
An employee may also choose to pursue legal action without WHD’s help by filing a lawsuit. The employee may decide to hire an employment lawyer or to file a lawsuit on their own or without representation. While pursuing a lawsuit without WHD help may require the employee to pay the costs involved in the lawsuit, the employee may be able to recover additional damages beyond unpaid overtime if the employer’s actions were intentional.
Protect your devices with Threat Protection by NordVPN
