What to Do If You Are Denied Overtime Pay


Posted by: Chris

Employees that are classified as “non-exempt” are entitled to overtime pay if they work more than 40 hours in a single week. Overtime pay is equal to 1.5 times an employee’s regular pay, so employees who work extra hours look forward to seeing a bump in their paychecks. But unfortunately, many employers illegally deny their employees of overtime pay. Here’s what to do if you are in this situation:

Take Notes

Keep a record of the overtime hours you have worked so you know exactly how much you are owed from your employer. Don’t rely on your employer to keep track of your hours for you. Your employer could adjust the hours you have recorded after your timecard has been submitted to avoid paying overtime, so it’s best to keep your own notes. 

File A Wage and Hour Complaint

The Department of Labor’s Wage and Hour Division (WHD) is responsible for enforcing federal overtime laws. If you are denied overtime pay, file a complaint with the WHD as soon as possible. You will need to provide basic information, including your employer’s name, a description of your job, and a summary of the alleged overtime law violations. After the complaint has been filed, the WHD will conduct an investigation to determine whether or not your employer has violated your right to overtime pay. 

The WHD may decide to take legal action against your employer on your behalf. If they decide to represent you, the WHD may either negotiate a settlement or take your case to court to fight for the overtime pay you deserve.

Seek Legal Representation

It’s in your best interest to seek legal representation from a labor law attorney as soon as possible. An attorney can review the details of your case to determine whether or not you are entitled to overtime pay. Then, an attorney can help you understand your legal options. 

Taking legal action with the help of the WHD is not your only option. If you have been denied overtime pay, you can take legal action against your employer with the help of a labor law attorney. If other employees were denied overtime pay by the same employer, it may be appropriate to file a class action lawsuit instead. Discuss these options with your attorney to determine what’s right for you. Your attorney will stand by your side and fight to secure the overtime pay you deserve regardless of which option you choose. 

Have you been denied overtime pay? Let the experienced attorneys at Armstrong & Vaught, P.L.C. seek justice on your behalf. We have successfully represented countless clients in wage and hour disputes. Now, we’re ready to fight for you. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.