Does Your Employer Owe You For Unpaid Overtime?
The most common wage and hour violation is failure to pay overtime to workers who are eligible. This compensation is guaranteed under the federal Fair Labor Standards Act (FLSA), yet millions of employees are wrongly required to work extra hours at regular pay – or no extra pay at all.
The employment law firm of Cleveland Lehner Cassidy can intervene to hold employers accountable for unpaid wages. We have settled our fair share of wage and hour claims, including unpaid overtime. If we prevail, you may be eligible for back wages plus “liquidated damages” in the form of two times your back pay, plus your legal expenses for bringing the claim.
We handle unpaid overtime cases across Indiana. Learn more in a free phone consultation by calling 317-953-2600.
When Must Overtime Be Paid?
The first 40 hours are paid at your normal wage. Every hour beyond 40 total hours in a workweek must be paid at the overtime rate. Your employer cannot force you to work past 40 hours for free or pay you straight time for overtime hours.
What Is The Overtime Pay Rate?
Overtime is often called “time-and-a-half.” It is equal to 1.5 times your regularly hourly rate. If you earn the minimum Indiana wage of $7.25 per hour, your overtime rate would be $10.88 per hour. If you normally earn $10 an hour, your overtime rate would be $15. And so on.
Who Is Eligible For Overtime?
- Most hourly workers are considered nonexempt, meaning they are entitled to overtime pay. The majority of manual labor jobs qualify for overtime.
- Most salaried employees are considered exempt, meaning they do not earn overtime no matter how many hours they work. The law specifically exempts professionals, executives, administrators and outside sales personnel from overtime. The presumption is that any extra hours they may work are figured into their salary.
A common problem is misclassification – often intentional – of staff as nonexempt to exploit them for extra labor without paying overtime. We can help if you believe you are misclassified and should be earning overtime.
Another common problem is giving employees “comp time” (time off) instead of overtime pay. Non-exempt employees have the right to be paid for OT hours.
Unpaid Overtime Is Wage Theft
It’s not just that you are being underpaid. Your employer is keeping your money! Your rightful wages are instead probably going into the pockets of executives or owners. You deserve to recoup the money that should have been paid to you all along.
You may have a claim for unpaid overtime if your employer has repeatedly:
- Refused to pay overtime despite working beyond 40 hours
- Paid you straight time (instead of time-and-a-half) for overtime hours
- Forced you to work “off the clock” with no additional pay
- Misclassified your job to exploit you as exempt from overtime
We Can Make Your Employer Pay
They got away with it this long because they could. But with the help of our knowledgeable and aggressive lawyers, you can reach back in time to recover those unpaid hours from the past months or years. If you suspect you are wrongly classified or believe your employer shortchanged you, let us take a look into your case.
To schedule a free initial phone consultation about your unpaid wages claim, call our employment law attorneys at 317-953-2600 or contact us online. Based in Indianapolis, we handle wage and hour cases throughout Indiana.