Tidewater Virginia Unpaid Overtime Attorney
Typically, if you are a non-exempt employee you must be paid minimum wages consistent with federal and state wage and hour laws, and also overtime pay in the amount equal to one and a half times your normal hourly rate for any hours worked in excess of 40 in a work week. If you are not paid minimum wages or overtime pay, and you are a non-exempt employee, you may have a claim against your employer. Just because you are paid a salary and/or receive a commission, does not automatically mean that you are an exempt employee who is not eligible for minimum wages or overtime pay. Moreover, the fact that you agreed to your employer’s method of payment does not mean that you are not eligible under the wage and hour laws for minimum wages and overtime payments. To be exempt, your job duties and payment scheme must meet all the requirements of one of the exemptions to the overtime and minimum wage laws.
Remedies to compensate and restore employees
Employees who prove they were not paid overtime may collect damages, including:
- Back pay – wages that the individual would have received for working more than 40 hours in a workweek.
- Liquidated damages – an amount equivalent to lost overtime wages if the employer is unable to show that its failure to pay overtime was done in “good faith.”
- Attorney’s fees – at the court’s discretion, to the plaintiff employee.
Injunctive relief, including reinstating a fired employee or ordering the employer to change policies and practices that allowed the harassment to occur, is also available.
Contact an aggressive employment attorney for your unpaid overtime claim
Christian L. Connell P.C. will assert your rights against your employer. Call my Norfolk, Virginia office at 757-533-6500 or contact me online to schedule an initial consultation.