As an employee, you are entitled to fair pay for your work. So, what happens when your employer overworks you and doesn’t pay your overtime? It’s a frustrating and often confusing situation, and thankfully, you and your co-workers don’t have to suffer in silence.
Besides taking solace in the fact that you’re not facing this injustice alone, you can also collaborate with your co-workers when seeking a solution.
Understand your rights
The first step in dealing with this issue is understanding your rights. In the United States, the Fair Labor Standards Act (FLSA) sets minimum wage and overtime pay standards. According to the FLSA, most employees must receive overtime pay for working more than 40 in a single workweek. The overtime pay rate is one and a half times the regular rate of pay.
However, there are some exemptions to this rule. For example, if you are a salaried employee, you may be exempt from overtime pay if you meet certain criteria. It’s important to understand whether you are exempt or non-exempt from overtime pay, as this will affect your options for seeking any additional compensation.
Talk to your employer
If you believe that your employer is overworking you without proper compensation, you and your co-workers should consider talking to them about the issue. Sometimes, employers are unaware that they are violating labor laws and may be willing to rectify the situation once they become aware of a worker’s concerns.
When speaking to your employer, be clear and concise about your concerns. Explain that you believe you are working more hours than you are being compensated for and provide evidence to support your claim. This could include time logs, pay stubs and other relevant documentation.
Consider filing a complaint
If speaking with your employer does not result in a satisfactory resolution, you may need to file a complaint with the appropriate government agency. The Department of Labor’s Wage and Hour Division (WHD) investigates minimum wage and overtime pay complaints.
To file a complaint with the WHD, you’ll need to provide information about your employer, job duties and the hours you have worked. The WHD will investigate your complaint and determine whether your employer has violated labor laws.
By understanding your rights and seeking legal guidance, you can better ensure that you receive fair compensation for the work you do.