Can I File For An Overtime Legal Claim After I Quit?

The federal government has gone to great pains to ensure that every employee of qualifying businesses is treated fairly in the American workplace.  The Fair Labor Standards Act of 1938 (FLSA) established that employment law decades ago and has updated it with a variety of amendments since.  They have protected and reimbursed thousands of US employees through unpaid overtime claims filed with the help of employment attorneys throughout the years.  In fact, employment attorneys have helped workers receive over $200 million in unpaid overtime claims through this important employment law.  If you have unpaid overtime claims, you may be able to find grounds to file that claim under FLSA employment law with the help of an employment attorney.

One of the first aspects of FLSA employment law is to designate which employees are entitled to overtime pay and which are not.  FLSA outlines two job classifications in reference to overtime employment law: exempt employees and non-exempt employees.  Exempt employees are those who hold high-level positions that make executive and administrative decisions, especially those concerning hiring and firing of other employees.  Under FLSA employment law, they also are full-time, year-round employees who earn at least $455 per week, receive a salary, and meet all the qualifications for exempt employees as outlined under FLSA employment law.  Exempt employees are not eligible to receive overtime pay.  Most other employees are non-exempt.  That means that most do not receive a salary but are paid hourly, most do not have the power to hire and fire, and their job descriptions do not meet the qualifications for exempt positions under employment law.  Non-exempt employees are eligible to receive overtime pay under FLSA employment law.  There are exceptions to employment law, so be sure you check the complete list of requirements or consult an employment attorney before you consider filing unpaid overtime claims.  

 FLSA-Covered Businesses

While the qualifications for exempt and non-exempt employees describe which employees can receive overtime pay, it is also true that non-exempt employees must work for a business to which FLSA employment law applies.  In order for employees to be eligible for federally protected overtime compensation, they must not only be a non-exempt employee, but they must work for a company that engages in interstate business and earns over $500,000 in annual sales.  If your company sells products or provides services over the internet, over the phone, through the US mail, or in another format, that completes transactions across state lines, it falls under the jurisdiction of FLSA employment law.
 

Overtime Employment Law
Nearly all employees who work for an FLSA-covered company and are non-exempt employees are eligible to receive overtime pay for overtime hours worked.  That means that if you work more than forty (40) hours in a seven-day or 168-hour period, you are entitled to one and one-half times your regular wages for every hour over forty (40) that you work.  If you are not receiving overtime compensation, you can file unpaid overtime claims to recover it.  This can be complex employment law, which may require the counsel of an employment attorney.  It can be the result of misunderstanding rather than deception, so you may want to go to your employer first.  If that does not help, you may need to consult an employment attorney to help you file your unpaid overtime claims.
 

Some other parameters to remember when you file unpaid overtime claims under employment law are, first, while you are not required to consult an employment attorney to file unpaid overtime claims, it may be wise to do so.  This is complex employment law and employers often have employment attorneys of their own to fight your unpaid overtime claims.
 


There is also a time limit under which you must file such claims through an employment attorney.  You have two (2) years to decide and make your case before that statute of limitations runs out and your unpaid overtime claims will be void.  You may want to consult an employment attorneyearly in that time frame to be sure you can present a good case.  The good news is, you do not have to have your time sheets for the periods covered in your unpaid overtime claims.  It is your employer’s responsibility to keep those records.  If they do not have them, it is likely the judge will trust that you are telling the truth in your unpaid overtime claims. Your employment attorney has the experience and the familiarity with the judges in your area to help you argue this point effectively for these unpaid overtime claims even without pay stubs.    
 

Many people don’t realize that under FLSA employment law, you and your employment attorney can file unpaid overtime claims after your employment with that company has been terminated.  Again, employment law states that you have two (2) years to file your unpaid overtime claims.  It does not matter whether you do so while you are still employed there or you have moved on.  The problem often becomes one of reconstructing the pertinent events more than filing a valid claim.  The longer you wait, the more likely it is that you will forget some of the facts.  However, an employment attorney can help you find records to help.  Employment attorneys are skilled at reconstructing information and finding evidence that is necessary to prove your case.
 

Managerial Mistakes
You may also want to acquaint yourself with some of the more common mistakes made by employers and employees under FLSA overtime employment law.  Employment attorneys see these errors every day in their practice.  They are often grounds for unpaid overtime claims under FLSA employment law.