Reporting Overtime Violations
If you’re looking to report a wage and hour violation, you should speak with an attorney first. If there’s something going on at your job that you think is illegal, reporting the violation to the government is only one of the steps you can take to make sure you’re being properly paid for your work. With the help of our attorneys, you may also be able to sue your employer and recover compensation for the wages you rightfully earned.
To learn more about your rights and how we can help you report an overtime violation, get in touch with Morgan & Morgan today.
How Do I Report an Overtime Violation?
Workers who suspect they were illegally denied overtime pay can report their employers to the Department of Labor (DOL). The DOL is the federal agency responsible for enforcing wage and hour regulations and investigating complaints from workers who suspect their employers broke these laws. Furthermore, many states have their own labor boards and local wage and hour offices that may be able to handle complaints from workers who believe they were wrongfully denied overtime wages.
When reporting an overtime violation to the DOL, you must submit information including:
- The type of work performed
- How and when you were paid
- Any applicable documents, such as pay stubs, personal records of hours worked, etc.
If the DOL reviews your claim and suspects an overtime violation occurred, the agency may launch an investigation and, depending on its results, demand that your employer pay you back wages. Most often, the DOL resolves overtime disputes administratively; however, the agency also has the authority to file lawsuits on behalf of employees if their employers do not comply with its requests.
Why Do I Need a Lawyer?
A Lawyer Can Help You File a Lawsuit
Reporting an overtime violation to the DOL is just one of the steps you can take to recover compensation for your unpaid wages. Even if you do a report a violation, this does not necessarily mean that the DOL will investigate your claim, question your employer or even take any corrective action on your behalf. Therefore, it’s important to contact an attorney who can make sure you retain your right to sue and recover proper compensation for the overtime you’ve worked. It’s important to note that workers are not required to report overtime violations to the DOL prior to filing private lawsuits. Therefore, if you suspect your employer has been illegally denying you overtime pay, you do not need to consult with the DOL before filing a lawsuit with your own attorney.
A Lawyer Can Protect You Against Retaliation
An attorney can help make sure your legal rights are protected as you seek compensation for your unpaid wages. Under Florida state law, for instance, employees have the right to:
- File a complaint about an employer’s suspected noncompliance with wage and hour laws
- Inform any person about an employer’s suspected noncompliance with wage and hour laws
- Inform any person of his or her potential rights and to assist him or her in asserting such rights
Employers are prohibited by law from retaliating against employees who exercise their legal rights. Therefore, if you were fired, demoted or otherwise retaliated against, you may be able to file a separate lawsuit against your employer to seek additional compensation and job reinstatement.
What Happens If I File a Lawsuit?
If you choose to file a lawsuit with the help of Morgan & Morgan, our lawyers will first draft a complaint (a legal document outlining the laws your employer allegedly broke and the compensation you are seeking) and file it in court on your behalf.
At any point, your employer may attempt to settle your lawsuit outside of court. In these cases, our lawyers will review any proposed settlement offers and negotiate their terms to help ensure the deal meets your needs. If we cannot reach an agreement, we may take your case to trial and represent you in court, where a judge or jury will decide whether your employer broke the law and how much compensation you should receive, if any.
If you were denied overtime pay, get in touch with Morgan & Morgan today to learn more about your legal options and to find out if you have a case.