If you have been denied overtime pay, you can file an overtime lawsuit in either federal or state court. You may be entitled to overtime damages equaling the amount of unpaid overtime or proper wages due, an equal amount in liquidated damages and pre-judgment interest.
If you have been denied overtime at your job and suspect you are a non-exempt employee, feel free to fill out our free, no risk case evaluation form.
An employee can collect unpaid overtime for the two-year period before filing the lawsuit and overtime earned while the overtime lawsuit is pending. If the employer is found liable, they may have to pay the worker's attorney fees and related costs.
If your employer withheld your pay, they most likely denied your fellow employees overtime pay. You can bring an overtime lawsuit on behalf of other non-exempt employees in a class action suit. Other employees must agree in the form filed with the court. Filing a class action suit is a cost-effective way to deal with overtime violations. One example of a class action lawsuit was the Baker Hughes Oilfield Operations lawsuit, where employees sued the company for unpaid overtime.
If you proved you were not properly compensated, your employer must show records of your hours and pay. If your employer failed to keep accurate records, the courts may award you damages using your estimate of hours worked in which you did not receive overtime pay.
The overtime lawyers at Morgan and Morgan can help if you have been denied overtime pay at your job. Contact our experienced overtime attorneys today to help get the compensation you deserve.