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How To File An Unpaid Overtime Wage Claim

By on Dec 1, 2016 in Employment Law | 0 comments

The law is clear when it comes to requiring workers to do overtime work. Every excess hour should be paid for accordingly. The Fair Labor Standards Act or FLSA requires employers to pay their workers who render overtime work. Unfortunately, most of these workers are left to deal with unpaid overtime. In cases like these, the employee is left with no recourse but to file an unpaid overtime wage claim.

Under the FLSA, not paying overtime wage is a serious violation that is protected by the Wage Hour Division of the US Department of Labor, which is the lead agency implementing the FLSA. There are certain steps that you can undertake in order to collect your unpaid wage. Let us take a look at these steps.

  1. Confirm your employment status
    Are you non-exempt or exempt from receiving overtime pay? Exemption from such wage is based on three positions namely job duties, salary level, and salary basis. To be considered as exempt, the exemption criteria should be met by the three positions.
  2. Compute for the total amount of excess hours
    To be able to receive overtime wages, make sure that you have all the necessary documents that can help pin down your employer. This could include your pay slips and timesheets. There you will be able to see the total number of excess hours.
  3. Check with your human resources department regarding the discrepancy in pay
    After verifying the information, the payment for the overtime work must be processed and credited to your ATM via the payroill. If your employer disputes the pay, the court will then decide whether to proceed with the process or seek legal representation.
  4. File it with the court
    The first option is always to avoid being litigated. However, if your employer does not agree with your claim, the next step is to file the case. There is a two-year statute of limitations for filing an unrecovered overtime wage.

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