A Kansas unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work beyond the standard 40-hour workweek. Millions of Americans are covered by state and federal laws regarding overtime pay. If an employee feels that they are not receiving the overtime pay they are due, a Kansas unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Kansas 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 Kansas unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is the amount of time an employee works beyond normal working hours. Normal working hours are often determined nationally, and many countries have overtime laws designed to deter employers from forcing their employees to work excessively long hours. In the United States, the rules for overtime pay state that an employee is eligible to receive a rate of one and one-half their regular rate of pay for hours worked over 40 hours in a workweek.
Who is Eligible for Overtime Pay?
According to the Fair Labor Standards Act (FLSA), nonexempt employees must receive an overtime premium of one and one-half their regular rate of pay for hours worked beyond the 40-hour workweek. Starting in December 2016, all hourly and salaried employees who make less than $913 per week were scheduled to receive overtime pay. According to the DOL, the U.S. District Court Judge for the Eastern District of Texas granted an Emergency Motion for Preliminary Injunction of the overtime rule on November 22, 2016. The injunction blocked the final rule from taking effect at the scheduled date, however, the Department of Justice filed a notice to appeal the injunction on December 1, 2016.
Occupations exempt from the overtime regulations include:
- Executive, administrative, professional, and outside sales employees
- Computer-related occupations
- Highly-compensated employees who earn in excess of $100,000 annually
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors are persons who work for themselves and are not considered regular employees. Independent contractors are not eligible for overtime pay, however, an employer cannot call an employee an independent contractor to avoid the rules and regulations set forth by the FLSA. If an independent contractor is actually determined to be an employee, the employee may be eligible to receive overtime pay.
Jobs commonly misclassified as independent contractors include call center workers, exotic dancers, truck drivers, tow truck drivers, port workers, package delivery workers and couriers, and construction workers.
Unpaid Overtime Lawsuits
In May 2016, the U.S. Department of Labor’s (DOL) Wages and Hours Division found that 14 restaurants in Lawrence, Kansas violated a number of overtime provisions of the FLSA, including:
- Paying employees fixed salaries without regard to how many hours they worked, leading to overtime violations when they worked more than 40 hours in a week
- Failing to combine hours that employees worked at multiple job sites for the same employer, leading to overtime violations when total hours exceeded 40 per week
- Improperly calculating overtime for tipped employees by paying time and one-half the cash wage of $2.13 per hour, rather than basing overtime on the full minimum wage as the law requires
- Requiring servers to work only for tips, and failing to show them on the payroll as employees
As a result of the DOL’s investigation, 130 hotel and restaurant workers were awarded over $112,000 in unpaid overtime pay and back wages.
Can My Employer Fire Me for Filing an Unpaid Overtime Lawsuit?
An employer cannot legally retaliate against an employee for seeking unpaid overtime wages. If an employee is fired or an employer retaliates against an employee, the employee may be eligible to sue for reinstatement as well as unpaid overtime pay and back wages.
Retaliation is not limited to termination of employment. Any kind of retaliation is prohibited, including:
- Reduction of job hours or duties
- Unwarranted submission of poor performance review
- Termination of an employee’s family member
- Other types of objectively punitive behavior motivated by the unpaid overtime claim
How a Kansas 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 Kansas. 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.
