An Iowa unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work over 40 hours per week and do not receive overtime pay. Federal law states that employers must pay at least one and one-half times the regular rate of pay in overtime pay to their employees. An Iowa unpaid wages lawyer may be able to help an employee recover the compensation he or she deserves.
For more information, contact Attorney Group for Iowa today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Iowa unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is compensation paid to eligible employees who work in excess of 40 hours during any given workweek. The overtime pay rate for those employees is one and one-half times their regular rate of pay as defined by the Fair Standards Labor Act (FLSA). Overtime pay must be paid to the employee on the normal payday for that pay period.
Who is Eligible for Overtime Pay?
Unless exempt, employees covered under the FLSA are entitled to overtime pay for hours worked in excess of 40 hours in a workweek at a rate of one and one-half their regular rate of pay. Beginning in December 2016, all nonexempt employees who make less than $913 per week ($47,476 per year) will be eligible to receive overtime provisions set forth according to the FLSA. This is an increase from $455 per week ($23,600 per year), widening coverage to over 4.2 million workers.
Under the FLSA, the following occupations are exempt (not covered) from receiving overtime pay:
- Executive, administrative, and professional employees
- Computer professionals such as software engineers and programmers
- Outside sales employees
- Farmworkers employed on small farms
- Seasonal or amusement employees
Employees who are paid on a salary basis may also be eligible to receive overtime benefits. If a salaried employee makes less than the weekly salary threshold ($913 starting in December 2016) and does not perform the duties of an exempt employee, an employer cannot avoid the overtime requirements defined by the FLSA. Under the overtime provisions, an employer has the option to raise an employee’s salary to keep the employee exempt from overtime or pay the employee for overtime worked.
If My Employer Calls Me an Independent Contractor, Do I Get Overtime?
Independent contractors are people who work for themselves and are not considered employees. Under the FLSA, independent contractors are not eligible to receive overtime benefits, however, some employers may attempt to label an employee or group of employees as independent contractors to avoid paying overtime as well as other employee provisions. Misclassification of an employee as an independent contractor is illegal, and if a court determines that an employee has been misclassified, the employee may be eligible to seek compensation for unpaid overtime pay.
Unpaid Overtime Lawsuits
According to the U.S. Department of Labor (DOL) Wages and Hours Division, an Iowa automotive company was required to pay more than $216,000 in unpaid overtime wages in 2013. Investigators determined that the automotive company paid mechanics on a weekly basis and failed to pay their workers an increased rate when those employees worked in excess of 40 hours per workweek.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Employees who have not received the overtime pay they deserve may be qualified to file an Iowa unpaid overtime lawsuit in addition to filing a claim through the DOL. If an employee is deemed eligible, they may pursue compensation for unpaid overtime not paid by the employer and liquidated damages in an amount equal to the unpaid back wages. In some instances, the employer may be ordered to pay the employee’s legal fees for bringing action to recover lost wages.
How an Iowa Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group for Iowa. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.