As an employee, you want to feel valued for the work you do for your employer. This often translates to being paid fairly for your work during work hours and being compensated appropriately for work completed outside of your work hours.
In some industries, overtime pay can be significant and relied on by employees. Thus, when this pay is not acknowledged or provided, this could generate financial distress.
Unpaid or underpaid overtime pay
Because you did the work, you deserve the money earned for the work. When an employer fails to pay overtime pay or underpays overtime work, this puts an employee in a difficult situation. At Kim, Lim & Partners, our law firm seeks to hold employers accountable when they fail to pay fair wages. Our attorneys are experienced at recovering unpaid or underpaid wages for our clients.
In New Jersey and New York, there are specific rights for workers when it comes to wage protection and labor rights. However, it is the Fair Labor Standards Act or FLSA that provides employees with specific legal protections as well as options to recover unpaid wages.
FLSA
FSLA details specific laws for employees regarding their work hours and overtime pay. However, these laws only apply to employees classified as nonexempt. It should be noted that misclassifications could occur, making it important to understand if a nonexempt classification was accurately made.
While it can be overwhelming to seek unpaid wages from your employer, you should not feel intimidated when asserting your rights and recovering what is rightfully yours. The fear of retaliation should not stop you, as you have the ability to protect yourself from retaliation when filing a complaint.
Whether you seek to file a complaint for unpaid overtime pay with the Wage and Hour Division of the Department of Labor or seek to file a suit against your employer, a legal professional can help you understand the process, your rights, options available and possible outcomes. It is important to be aware of your legal rights, as it can help you make a timely and informed decision.