Employers are legally obligated to pay workers their regular pay rate for all of the non-overtime hours they work. If an employee performs overtime work, they must be paid the overtime premium rate. If your employer failed to pay you for the work you performed, you can file claim for unpaid wages to collect the wages owed to you, as well as interest on the unpaid amount. In some situations, courts can issue additional penalties on the employer. In this blog, we talk about the value of wage and overtime cases.
Minimum Wage Laws
Under federal and state law, employers have to pay their workers at least minimum wage. Employers that don’t pay workers minimum wage or the wage agreed upon as part of the terms of employment, the employee can take legal action against the employer. In order to recover their lost wages, an employee will need to file a lawsuit in court or file an administrative claim with the labor department.
Companies have to pay workers a higher rate for overtime work. Overtime pay is 150% of your regular rate. It is often referred to as “time-and-a-half.” Employees who work more than 40 hours in a single workweek should be paid the overtime rate for the additional hours they put in. Just like a claim for minimum wage violations, you can sue your employer if they fail to pay you overtime for the extra hours you worked.
Types of Damages
The following damages can be recovered in a wage or overtime case:
- Unpaid Wages: If your claim is successful, you will be awarded the amount that your employer refused to pay you. If you were paid regular wages for overtime work, you will be awarded the difference between the regular wages and the overtime premium.
- Interest: You can also receive an interest award for the unpaid wages, the interest rate varies from state to state. If your employer acted in bad faith, you can be paid double the unpaid wage amount that is owed to you.
- Penalties: In addition to paying you for unpaid wages, some states also force employers to pay a penalty fee.
- Attorneys’ Fees: If your case is successful, your employer will also have to cover your attorney’s fees and other costs you incurred pursuing your case.
We Can Help You Enforce Your Rights
Do you need help filing a lawsuit for unpaid wages? If so, you should consult with our legal team to find out how we can assist you today. Our law firm is dedicated to serving clients throughout Hollister, and we have the skills and experience that you need to secure a favorable case result. Let us review your case today.Call (888) 796-4010 to request a free consultation with a Hollister employment law attorney.