Overtime pay disputes are a specific type of wage and hour dispute. These are employment law disputes that involve the amount of wages an employee is paid, or the amount of hours they have worked. Wage/hour disputes are now the most common types of employment disputes, even more than discrimination or harassment claims.
Specifically, overtime pay disputes involve employees who work more than a regular work day or work week, which is usually 8 hours per day or 40 hours a week. Most laws require employers to pay their workers time and a half for overtime work.
What Are Some Examples of Overtime Pay Disputes?
Overtime pay disputes can involve a number of issues, such as:
- The rate at which the worker is paid vs. the rate they are supposed to be paid
- The number of hours worked
- Whether or not the worker is entitled to overtime pay
- Tax reporting and other administrative issues
- Overtime exemptions that apply to certain employees
Most overtime pay disputes involve instances where the employer owes the worker back wages. This can happen if the employer failed to pay the worker their overtime hours, or if the hours were not billed as overtime. This can be caused by negligence, error, or even intentional conduct, such as harassment-related issues.
How Are Overtime Pay Disputes Resolved?
Resolution for overtime pay disputes may involve:
- Discussions and clarifications with the company’s dispute resolution department
- Agency investigations, especially if the dispute involves a federal issue such as discrimination
- Legal action in court
In some cases, overtime pay disputes can involve a class action lawsuit. This can happen if a large number of employees are all affected by the same pay policies. This may require extensive legal research and representation for the group.
Do I Need a Lawyer for Help With Overtime Pay Disputes?
Overtime pay issues can involve some complex legal terms. You may need to hire an employment lawyer if you have a claim involving overtime pay or if you have a dispute regarding your hours. Your attorney can provide you with legal advice and representation to help resolve the claim. If you need to attend a court meeting or hearing, your lawyer can guide you through the process to help achieve a suitable solution.