In 2023, American workers spent about 46 billion hours of unpaid overtime. That means, on average, workers are clocking 4.5 hours of unpaid overtime a week or 233 hours of overtime a year. Working extra hours and not getting paid for them is disheartening and frustrating when all you’ve got is that extra pay to support yourself and maybe your family.
According to overtime dispute lawyer Mary English Lloyd, your employer is prohibited from denying you overtime pay or interfering in any way with the supplemental pay you should have received.
The U.S. Department of Labor says that the overtime provision under the Fair Labor Standards Act requires workers, unless exempted, to be paid overtime for all hours worked before or after 40 hours in a workweek at the rate of not less than time and one-half of their regular rate of pay.
There are several workers who are confused and hesitant to ask about their overtime rights. Under this scenario, attorneys can provide help and assist you in the filing of an overtime claim.
Let’s find out how an attorney handles unpaid overtime claims.
Understanding Overtime Laws and Employee Rights
Every employee must understand overtime laws. Know your rights if you happen to work overtime since it will largely affect your life.
Some companies wrongly classify workers, with the intent of avoiding paying overtime. Knowledge of the laws that apply in her case will allow the worker to oppose acts of unfair treatment.
Initial Consultation and Case Evaluation
When pursuing an unpaid overtime claim, the most critical part of the process is the first consultation with a lawyer. You should meet with your lawyer and discuss your case and rights.
Spend time questioning the attorney in the consultation. Assess if the lawyer meets your need to handle the case. Remain friendly with your legal counsel, as a positive working relationship may actually help with securing a favorable result.
Gathering Evidence and Documentation
The next step after your initial consultation would be to collect evidence and documentation for your unpaid overtime claim. Some documents that you might want to put together are the pay stub, the timesheet, and even some e-mail or messaging documents in which your hours are discussed.
Do also keep some record regarding when you have overtime hours and how often it happens. This creates a clear picture of your situation.
Getting witness statements from coworkers who are able to corroborate your statements will be important. Witnesses can add valuable knowledge and assets to your claim. It will make it easy for your attorney to go through your information quickly.
The strength of a solid claim depends on the quantity and quality of the evidence collected. Your attorney is with you on this and is there to help you process the entire journey.
Filing a Claim and Legal Proceedings
Once you gather all the necessary documents, it is now time to file your claim and start the legal action. Consult and meet with a lawyer who understands the area of overtime claims.
This action will give them a deeper understanding of your rights and what you would want to do next. Expect your attorney to help you prepare the claim after receiving the appropriate details.
Formally file your claim with the appropriate labor agency or court, depending on how you go about the process. Pay close attention to dates since they are very important in this kind of case. Your claim will be looked into, and you may be asked to provide more details.
Negotiation and Settlement Options
The negotiations and settlements will begin with the filing of your claim as your attorney aims to resolve the matter amicably without further litigation. This is an important step in the process so that both parties can even discuss possible solutions to the problem posed to all concerned. Your attorney will negotiate with your employer’s attorney to reach a reasonable settlement.
Your negotiations can sometimes get you such flexibility that you might even negotiate a settlement carved around your needs to avoid going to court. The important thing here is to undergo the legal process with a lawyer beside you.
Lawyers must give you the necessary guidance and support throughout every step in the process so that you can get comfortable with the resolution in whatever manner you desire.