Unpaid Overtime Class Actions
Under the Fair Labor Standards Act (FLSA), any nonexempt employee that works more than 40 hours in a work week should be paid overtime at a rate that is one and a half times their normal pay rate. The FMLA does not necessarily require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest. Although these laws are clear, they are often violated by employers, both intentionally and unintentionally. As a result, employees who work overtime are often times not paid correctly. It is illegal for an employer to deny overtime pay for hours worked if the employee is a non-exempt employee.
Certain employees, such as lawyers, architects, certain managers, certain sales employees, and doctors, may not be entitled to overtime pay under the Fair Labor Standards Act. These employees typically receive a salary and may be exempt.Another way an employer may attempt to avoid paying overtime is by misclassifying an employee’s job, which is illegal.
Philadelphia and New Jersey Unpaid Overtime Attorneys
If you believe that you are owed overtime pay or that you have been paid unfairly, contact the lawyers of Console Mattiacci Law, LLC as soon as possible. There are strict limitations of time that a plaintiff has to bring forth a claim against their employer for unpaid wages.
With help from the employment lawyers of Console Mattiacci Law, LLC, you may be able to recover back pay from your employer.
Contact Console Mattiacci Law, LLC at 215-545-7676 to learn more about your protections as an employee.
Class Actions and Collection Actions vs. Single Plaintiff Lawsuit
Class actions can be an effective way of forcing change on an employer who is engaging in illegal, discriminatory, or abusive practices. An unpaid overtime class action lawsuit is filed by a group of employees who have experienced the same or similar discrimination or misconduct from their employer. Unlike a class action, a single action suit involves one employee against his or her employers. A single plaintiff or private lawsuit involves only one plaintiff, not a group of plaintiffs.
What Is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) establishes a minimum wage, overtime pay, recordkeeping, classification of workers, breaks for nursing mothers, and child labor standards affecting full-time and part-time workers in the private sector and Federal, State, and local governments.
What types of workers are not protected by the FLSA?
Some workers who are not protected by the Fair Labor Standards Act (FLSA) may include but are not limited to the following:
- computer professionals;
- professional and scientific personnel;
- seasonal and recreational employees;
- administrative, executive, and outside sales professionals;
- certain religious organizations; and
- commissioned sales personnel of retail establishments.
Additional Resources for Unpaid Overtime
US: Department of Labor- visit this website to see federal overtime provisions contained in the Fair Labor Standards Act(FLSA).
Console Mattiacci Law, LLC | Unpaid Overtime
Workers often worry about retaliation from their employer if they speak up about unpaid overtime wages, however, it is illegal for an employer to retaliate or discriminate against an employee because of that employee's complaints under the FLSA. If you are concerned that you have worked overtime hours and are not getting your full pay, or if you are concerned about retaliation for your complaints of improper pay practices, contact Console Mattiacci Law, LLC today.
Our employment lawyers are here to offer you legal support and pride themselves on protecting the rights of employees throughout Pennsylvania and New Jersey. Our firm has fought to protect the rights of many clients who have faced discrimination, harassment, retaliation, and unfair treatment in the workplace.
Contact Console Mattiacci Law, LLC at 215-545-7676 today.
This page was last updated on April 19, 2017.
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