Fair Labor Standards Act: Filing a Claim for Unpaid Overtime
The Fair Labor Standards Act, commonly abbreviated as FLSA, entitles most employees working in the U.S. to unbiased and non-discriminatory labor practices that include the federal-wide regulation of wages. Unfortunately, there are many employers that commit wage policy violations in order to cut corners and save revenue. As an employee, if this happens to you, there are several legal options you can consider. One of them is to file a claim for unpaid overtime wages within the appointed statute of limitations.
In order to receive the unpaid wages owed to you, a claim must be filed to the Wage and Hour Division of the Department of Labor within two years from the date of your employer’s violation. However, the FLSA extends this 2-year period and gives employees an extra year if it can be found that the employer had willfully withheld overtime wages. In some states, the basic statute of limitations is at three years.
Filing an overtime claim requires you to provide details regarding your employer and the details of the position you hold with them. They will need information on your job title and the duties that come with it, as well as the particulars of how you are paid and at what rate. They might also ask about certain deductions that are made in your paycheck for things like taxes, social security, and health insurance. In order to provide accurate information, you must be able to keep track of all the irregularities between your paycheck and the hours you’ve worked.
Take note that filing a claim with the Department of Labor is completely different from pursuing a lawsuit against your employer, although you can enlist the help of an overtime pay lawyer to help you accomplish both. In most instances, taking your claim to court is the best course of action after your original petition has been denied.