Fighting for Unpaid Overtime
By Gregory Thyberg on November 14, 2017
It is great when people have a passion for their career and enjoy the work they do each day. But even when that is the case, the primary purpose of a job is to provide a person with wages that can be used to support themselves and their families. There are laws in place that ensure workers not only receive a fair wage, but also that those wages are paid in a timely manner.
A wage and hour lawyer can assist workers in filing a claim if they do not receive the pay they are due for work performed. Aside from seeking pay for regular work hours, an experienced wage and hour lawyer, such as Gregory Thyberg, can help in filing a claim for unpaid overtime wages. Overtime hours must be paid at a premium rate. Unfortunately, many workers are denied the overtime pay they deserve, because their employer is trying to save money. Mr. Thyberg can assist in the process of filing an unpaid overtime claim in the Sacramento, CA area and fight to ensure that all applicable damages are rewarded.
Federal laws dictate that any employee who works over 40 hours in a single workweek must be paid overtime wages for their additional hours. State laws in California further state that eligible employees earn overtime wages after working more than eight hours in a work day or more than 40 hours in a work week.
Typical overtime wages are time and a half, or 150 percent of the employee’s regular pay. However, in the state of California, any eligible employee who works beyond 12 hours in a single workday is entitled to be paid double time for their additional work hours.
Unpaid Wage Damages
If a worker is denied the overtime pay they are due, they can file a legal claim for unpaid wages. The damages in cases such as these often exceed the amount of wages that were denied.
First, if the claim is substantiated, the employer will pay all unpaid overtime wages, or the difference between overtime pay and regular pay, if overtime hours were paid at the rate of regular pay.
Second, the employer can be held liable for paying interest on unpaid wages. In California, the legal interest rate for unpaid wages is 10 percent. In addition to unpaid wages and interest, in many cases, employers are entitled to a waiting time penalty. This penalty may be equal to as much as 30 days of the employee’s unpaid wages.
Working with an Attorney
Many employers resist paying out of pocket for unpaid overtime wages, especially when considering added interest and penalties. Working with an experienced wage and hour lawyer will put pressure on employers and provide workers with a representative who is experienced in this field of law and prepared to fight to protect their rights. When in doubt of how to pursue unpaid overtime wages, it is always best to consult an attorney to learn your best path of legal action.
If you have been denied overtime wages, you have a legal right to damages. Contact us at your earliest convenience to discuss the details of your case and find out the best way to go about filing an unpaid wage claim.