Think you might be owed overtime pay? Many workers are denied the extra pay they deserve. But the law is on your side. It’s designed to make sure you’re paid fairly for all the hours you work. Let’s break down the basics of overtime law:
Federal law about overtime is called the Fair Labor Standards Act, or FLSA. Here’s what it says:
Over 40 Hours: If you work more than 40 hours in a week, you should get overtime pay.
Time and a Half: Overtime pay is usually one and a half times your regular hourly rate.
Not Everyone’s Covered: FLSA has some exceptions, so not all jobs qualify for overtime.
On top of the federal law, many states have their own overtime laws. These laws often give workers even more protection. They might:
Set a higher overtime rate: Some states require more than time and a half.
Have different rules about who qualifies: More types of jobs might be eligible for overtime
If you believe your employer hasn’t paid you the overtime you’ve earned, you have the right to file a claim to get that money back. However, there are deadlines for taking legal action. These deadlines are called “statutes of limitations.” It’s important to know these deadlines so you don’t miss your chance to file a claim.
The statute of limitations sets the time limit for filing a lawsuit. If you wait too long, you might lose your right to sue.
Federal Law Time Limits:
Federal law gives you a certain amount of time to file a claim for unpaid overtime. Generally, you have two years from the date the overtime was owed to you. But, if your employer’s violation was “willful,” you might have three years. A “willful” violation means your employer knew they were doing something wrong or didn’t care if they were violating the law.
State Law Time Limits:
Some states have their own time limits for overtime claims. These limits might be different from the federal rules. Here are some examples:
Our unpaid overtime attorneys based in Dallas, Texas have national unpaid overtime litigation experience in federal courts throughout the United States. Mr. Siegel has personally represented clients in wage and hour suits in at least 20 states, including Alaska, Arizona, California, Colorado, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, and Virginia.
