Working a full-time job can be exhausting. And even more tiresome is working more than a full-time job. For workers who put in more than 40 hours a week, receiving overtime pay is mandated under federal law in most cases. Here’s what you should know about overtime requirements, what to do if you have been denied overtime pay that you deserve, and how our Cleveland unpaid overtime attorneys can help.
Federal law holds that all non-exempt employees are entitled to overtime pay for any hours worked over 40 hours in a consecutive seven-day period. This is also consistent with Ohio law; both sets of laws hold that an employee who works over 40 hours a week is entitled to a rate of pay of 1.5 times their regular hourly wage. For example, if an employee makes $20 per hour, then they should be paid at a rate of $30 per hour for all hours worked over 40. A person cannot choose to opt out of receiving overtime pay.
All non-exempt employees are entitled to overtime pay when they work over 40 hours in a week. Exempt employees do notreceive overtime pay. Employees can only be classified as exempt if their job duties meet certain requirements. For example, certain professionals, executives, outside sales associates, and more are exempt. If an employee is exempt, then they don’t receive overtime pay; they also don’t qualify for minimum wages (but it’s rare for an exempt employee to make less than the minimum wage).
If you have been denied overtime pay or if you have been misclassified as an exempt employee, you should consider scheduling a free consultation with an attorney as soon as possible. If you have been denied overtime pay, you can file a claim with the Department of Labor to seek recompense for the damages you’ve suffered. Most commonly, you may be entitled to back pay for the wages that you were denied. In some cases, you can also recover compensation for your legal expenses, as well as punitive damages. It’s also important to know that your employer cannot legally retaliate against you for seeking overtime compensation. If you have been retaliated against, call an attorney.
Working with an unpaid overtime attorney can help you to recover the compensation that you’re owed. Our lawyers will provide you with a free consultation, investigate your case, represent you in filing your claim, help you to negotiate a settlement, and protect you if your employer takes any action to retaliate against you. At the office of Coffman Legal, LLC, we offer free consultations and work on a contingency fee basis. You can reach us directly by phone or online to schedule your consultation. Our team can get to work on your case immediately.