After decades of lobbying and strikes by various labor unions and organizations, Congress passed the Fair Labor Standards Act (FLSA) in 1938 as part of the New Deal, a sweeping piece of legislation aimed at reforming the financial industry and pulling the U.S. out of the Great Depression. Among other labor standards, the FLSA established a 44-hour work week, which was amended to 40 hours two years later.
Under the FLSA, employers were required to pay overtime at a rate of 1.5 times the normal hourly rate for any hours worked by an hourly employee in excess of 40 hours per week. While there are some exceptions, most hourly employees are entitled to overtime pay, as well as some commission-based employees.
Unpaid Overtime Violations
Since the passage of the FLSA, countless employers have been sued by employees who were not properly compensated for their overtime hours. Indeed, companies of all sizes have attempted to skirt the law, hoping that their employees would not notice or that they would not have the resources to pursue a lawsuit. They have even tried to use tactics like averaging hours over multiple weeks or classifying employees as independent contractors to avoid their responsibilities under the law. As an employee, it’s your responsibility to keep track of your pay and the hours you work to ensure you are getting paid the correct amount. If you notice a violation, you can pursue a lawsuit on an individual or class-action basis.
If you are an employee who was denied overtime pay to which you were entitled, know that you do have legal recourse against your employer. Even giant corporations like Walmart and Google have been held accountable for violating the FLSA, paying multi-million-dollar settlements to thousands of employees who were exploited.
Labor and Employment Attorneys in New Jersey
If you believe your employer is guilty of unpaid overtime violations under the FLSA, speaking to a labor and employment attorney is the best way to ensure you get the pay to which you are entitled. At Malamut Law, our NJ labor & employment attorneys work on a contingency basis, so we will review your case free of charge. If we decide to move forward, you will not be charged a dime unless we win a settlement or judgment in your favor.
As we mentioned, you can pursue lawsuits under the FLSA on an individual basis, but if your employer has denied you overtime pay, chances are they have denied your coworkers as well. Don’t be afraid to discuss the matter with your fellow employees and consider starting a class-action lawsuit against your employer. You work hard for your money, and the law is clear about the pay you are entitled to when working more than 40 hours per week. Don’t let your employer get away with violating the Fair Labor Standards Act!
Call (866) 4MALAMUT today to request your free consultation with a labor and employment attorney who can advise you on the best way to proceed. In addition to unpaid overtime cases, we can also assist you with other types of wage theft and a range of labor law cases including sexual harassment, retaliation, wrongful termination, and more.
