All the employees put in their skill and effort while working, and the least that can be done to recognize their effort is by paying them for all their hard work. The employer has to ensure that all the employees are paid based on the hours they chip in to complete the designated tasks.
Also, governments across different states set legal rules and employee payment regulations for overtime work payments. The basic rule is that the minimum working hours weekly are 40 hours. So, any employee working beyond this limit is eligible to receive payment for overtime work. However, the rules may vary from place to place, but the basic rule is this only.
Let’s take an example to understand this. As a professional, you usually indulge in working 8 hours in one day. If you are working for more than 8 hours in a single day in places like California, you will be eligible for overtime pay. If your work shift is extending more than 8 hours and is further, exceeding to more than 12 hours in one day, you will get double payment for the same. However, you should check your eligibility for overtime payment before taking the legal turn.
Overtime Payment Problems
As a person who is entering the professional world for the first time, there is a high chance of you needing to learn the overtime payment rules. It would help if you understood that it is illegal for employers to skip overtime payments. It can often lead to theft at the workplace. If you have been subject to this, it is time for you to take the legal way and visit Arizona overtime lawyers.
In most cases, all employees are eligible for overtime pay by their employers. If the employer does not make the payment, it terms to illegality, and you have the right to take the legal turn. Even if it is one hour extra, the amount will add up, and your employer should pay you for the same based on the standard rate of payment that prevails.
4 Important Recovery Steps And Solutions
The law caters to the rights and duties of all-natural people. Hence, as an employee, if you are being deprived of your fundamental right of payment, you should discuss the same with your employer. Sometimes, missing out on the payment is not intentional. However, if you are declined payment intentionally, you should knock on the doors of justice.
Here are some steps that you can take to ensure proper recovery of the payment that you deserve for your time and effort.
1. Tracking All The Overtime Works Employed By The Employee
No matter if you are working as an old or a new employee for the company, tracking is a must. You should always keep a check and further, maintain a time record of all the time, you are indulging to work as demanded by your job. The track record should include your regular shift hours and the number of hours that you work extra daily. If you work overtime on one day or many, even if the period is less, everything should be a part of the time tracker.
You should mark the hours followed by the claims on the timesheet. In this case, if your employer is trying to double-cross you by making the changes in the sheet, you will get an update about the same. Also, it is illegal for employers to skip including the work hours in the sheet for timekeeping. In technical terms, this is the working off-the-clock strategy that prevents employers from paying employees for overtime.
2. Contact The Payroll Management
The legal way takes time, but both parties are under the radar for the same. It is essential to note the intention of people and the steps that have been taken to ensure that no wrong is done to anyone. So, you should be clear and accurate about your demand. If you are legally seeking payment for overtime work, you should ensure that you are doing everything correctly. You should ensure that you are not overseeing anything.
Whenever you feel comfortable, you can raise the non-payment to higher authorities of the place where you work, like the managers, seniors, or the human resource department. You can act accordingly based on the response that you receive. But, if you don’t receive or receive a biased one, you are free to take one step ahead.
3. Filing Claims
Whenever there is a failure in response, you can seek advice from your lawyer and file unpaid wage claims. Usually, they are filed with the Department of Labor. Whenever the DOL is accepted, the trial begins. However, in other cases, the investigation begins. Sometimes, you may face difficulty filing the claims; hence, professional expertise is advised. The process is confusing; hence, the lawyers can help you with their experience.
You should note that investigation for unpaid wages takes time, and the recovery may vary from one attorney to another. Hence, it would help if you did proper research before choosing. Also, you should be clear about your expectations from the inquiry.
4. Future Advice
After deciding on the claims related to the work you have done overtime, you should discuss further steps with the lawyer. They are experienced in this field and can suggest you better for the forthcoming things. Usually, the consultation is free, so you can reach out to them whenever they want.
If you are thinking of a job shift due to this issue or want to take any other step, these professional lawyers can suggest the same. They know the law better and are in the best position to support your take.
But, all these solutions depend on whether the lawyers you choose for the job are experienced in this field or not. Also, their way of handling the whole claim and trial should be a factor that you should consider.
If the case is in your favor and your employer decides to settle the vase, you can get the recovery of your unpaid work. Additionally, there can be some liquidated damages that you can opt claiming for. The claim sometimes includes recovering the legal fees and costs incurred.
You need not worry about the case if you are genuine with your intentions and claim. Also, when you have the right person on board, you should trust them and the process.