People who work for fixed number of hours receive compensation on per hour basis. If you are an hourly employee and your employer is taking more than decided hours wrongly, you have legal rights to protect you from unpaid overtime. As per Fair Labor Standards Act, It is illegal to consume more hours of employee without paying them extra for their overtime.
Here are some guidelines to guide you how to take legal action against unpaid overtime–
* Go through the basic Law of overtime compensation Act. This law is directed by the Fair Labor Standards Act (FIFA). Under this Act, an employer has to pay overtime at the rate of one and one half times of their regular per hour rate to all the workers giving more than 40 hours in a week.
* As per Fair Labor Standards Act, overtime compensation is for “non-exempt” employees only. The people who fall under this category are executives, administrative, professional, field sales worker and computer employees.
* Accumulate evidences. Gather all paper which can support and relate to your claim before going to sue your employer for unpaid overtime. Time sheet, payroll records, your employment agreement, any communication held between you and your employer, your company’s employment policies & procedure etc. can support you in claim.
* Take consultation of an experienced attorney who has handled overtime pay issues before also. This will help you in getting answers of your questions related with your eligibility for overtime compensation and advice.
* Contact Department of Labor Standard Enforcement or dept. of law to examine unpaid overtime. You can either fill up a complaint form or consult it personally with investigator. The department will review your allegations on the basis of your compliant and assign an investigator to you, your employer and witness before issuing a decision.
* File a complaint in state court. Prepare a compliant sheet against your employer to breach overtime laws and request a compensation for damages resulting from violation.
If you win the case, you may get twice the amount of your overtime done by you, expenses incur in legal process and fee of your attorney.