Boy is it cold here in Florida! Happy new year to all of you and hope you are settling back in to work for what we hope will be a good year for all of you.
I wanted to discuss with you a recent trend we have been seeing with many clients across the board in all industries. When employers fire people or during the employment period, employers often offer employees a severance and make them sign a waiver or release of all claims in exchange for the payment.
Many clients ask us whether if they sign the waiver/release or accept the money, they cannot later pursue their claims for overtime compensation. The answer is YES, you can still pursue your claims for wages EVEN if you signed the waiver. The FLSA, unlike nearly every other employment law PREVENTS an employee from waiving their rights to overtime compensation, EVEN if they sign a private agreement with the employer. Oftentimes, the employer offers a sum of money that is well below the amount the employee is actually owed. Therefore, be aware that even if you sign such a waiver, your rights remain intact. Remember, however, that your claim for wages under the law is subject to a strict statute of limitations of two, sometimes three years. So, for each day that passes without you taking action, that is one day less of wages we likely can recover.
As the laws vary state by state, what you may read as general information may not necessarily apply to you. If you have any questions about your particular situation, please fill out the form on this page to contact us. Stay warm my friends. Speak to you soon.
Our attorneys can assist you with any labor and employment issues you may have. Contact us today for a risk-free, no-cost case evaluation.