Unpaid Overtime

Overtime is any time an employee works over 40 hours in a workweek.

More and more we see employers stealing overtime wages from employees by leaving out certain compensation in their overtime wage calculations. For example, not counting bonuses, commissions, or shift differentials when calculating the employee’s regular rate of pay for overtime purposes. 

Another tactic that employers use to underpay employees their rightful overtime pay is by averaging out hours worked across multiple weeks to reduce the amount of overtime owed to the employee in a single workweek. For example, a worker who works 60 hours during week 1 (or the first workweek) and 30 hours on week 2 (the second workweek). In this example, the employee is owed 20 hours of overtime pay for week 1 because the worker worked 20 hours more than the 40-hour threshold for overtime pay. If the employer does not pay the worker any overtime because the employer averages the worker’s hours across two weeks, this is a violation of federal law and wage theft. 

If your employer has miscalculated or withheld your overtime pay, you may be eligible to file a lawsuit against them to recover the overtime pay you deserve. 

Our firm has handled many cases where workers sought to recover unpaid overtime wages, and we are happy to speak with you. All consultations are free and confidential. You may reach us at (615) 244-2202.