Common Overtime Questions

Should I wait to leave my job before I file a claim against my boss? Can I get in trouble?
You should not wait to begin filing a claim. Employees have the right to be compensated as soon as possible. If too much time passes before a claim is filed, there may be a limit set on the claim amount you can receive. It is beneficial to start the process with an overtime lawyer promptly so the best evidence can be gathered to support the overtime pay claim.

It is normal to be worried that an employer may do something since a claim is being filed against them, but laws are in place to prohibit this type of retaliation. If retaliation does happen they may be forced to pay lost wages, reinstate you, give a promotion, or pay a specific amount of money.

What compensation can I receive if I was paid unfairly at my job?
It is possible you were paid unfairly at work since often times this occurs without an employer or an employee being aware of it.  Normally a overtime legal claim may be filed for owed wages two years from the date the claim was made. In some cases up to three years, if the employer deliberately did not pay knowing the wages were earned. If you are interested in pursuing a overtime lawsuit consult with an employment lawyer to about the details of your case.

Employees can not only recover lost wages but can also recover liquidated damages that are typically an extra amount equal to the wages that are owed. So for example, if someone was entitled to $10,000 in overtime wages, it is possible to recover that amount plus another $10,000 for the wage and hour/overtime claim for a total of $20,000.

Laws allow for the recovery of costs associated with the overtime lawsuit along with any employment attorney’s fees which means a lawsuit can end up not costing you a penny.

Are employees that are paid a salary entitled to overtime pay?
Yes, salaried employees DO have rights to overtime pay. Most people are not aware of the fact that they are eligible for overtime pay unless the position is as an executive, professional, or an administrator which may have certain legal terms defined. It is advised to review any legal paperwork given that details the employee’s position as well as speaking with a qualified employment lawyer.   

What “professional” and “executive” employees are eligible for an overtime claim?
To be eligible for overtime pay, an employee that is considered an “executive” must spend more than half of the working hours doing duties that are NOT exempt from overtime pay.

An employee classified as a "professional" may not be sure if they qualify for overtime pay since the title of “professional” is not specific. The following is a list of positions that are often thought to not be eligible for overtime pay when in fact they ARE entitled payment;

•     Computer Programmers, IT Employees, Analysts
•     Assistant managers or Trainee managers
•     Field Service Technicians and Engineers
•     Recruitment Consultants
•     Supervisors performing the same tasks as an employee eligible for overtime pay
•     Independent Contractors
•     Special Investigators
•     Accountants
•     Leasing Consultants and Leasing Specialists
•     Cable Installers
•     Drivers