A Kentucky unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work over 40 hours per week. Federal law states that employers must pay employees “time and a half” in overtime pay to eligible employees who work hours beyond a 40-hour workweek. A Kentucky unpaid wages attorney may be able to help an employee recover the compensation he or she deserves.
For more information, contact Attorney Group for Kentucky 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 Kentucky unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
According to the U.S. Department of Labor (DOL), overtime is defined as any work performed beyond 40 hours in a given workweek. A workweek is defined as 168 continuous hours, or seven consecutive days. Employers may define the workweek in any way they like and start it on any day, so long as it falls under federal guidelines.
Who is Eligible for Overtime Pay?
“Nonexempt” employees are able to receive overtime pay at a rate of “time and a half,” or one and one-half their regular rate of pay. Hourly and salary workers who make less than $455 per week are considered nonexempt employees. In May 2016, the DOL issued its final ruling in which regulations overseeing overtime pay were updated, potentially affecting over 4 million workers in the U.S. within the first year of implementation. Under the new provisions, nonexempt workers making less than $913 per work week (as opposed to $455 per week under the old rule) would have been eligible to receive overtime pay. on November 22, 2016, a U.S. District Court Judge in Texas granted an Emergency Motion for Preliminary Injunction, halting the implementation of the ruling. As of December 1, 2016, the DOL filed an appeal in conjunction with the Department of Justice in response to the injunction.
Under Section 13(a)(1) of the Fair Labor Standards Act (FLSA), there are a number of exemptions to the overtime law. Those types of employees include:
- Executive, administrative, and professional employees
- Computer employees, including computer systems analyst, computer programmer, and software engineer
- Outside sales employees
- Highly compensated employees who make in excess of $100,000 annually
If My Employer Calls Me an Independent Contractor, Do I Get Overtime?
According to the DOL, independent contractors are workers with economic dependence who are in business for themselves. Under the FLSA, the majority of workers are considered employees based on the federal definition of employee and employment. Because the definition of employee is extensive and includes a wide variety of workers, some employers may try to classify an employee as an independent contractor to evade paying benefits or overtime pay.
The following factors are generally considered when determining whether a person is an independent contractor or employee:
- The extent to which the work performed is an integral part of the employer’s business
- Whether the worker’s managerial skills affect his or her opportunity for profit and loss
- The relative investments in facilities and equipment by the worker and the employer
- The worker’s skill and initiative
- The permanency of the worker’s relationship with the employer
- The nature and degree of control by the employer
Unpaid Overtime Lawsuits
In May 2015, investigators found that a hospitality company in Florence, Kentucky misclassified their housekeeping, laundry, front desk, and maintenance staff as independent contractors rather than as employees, denying them overtime compensation required by the FLSA. Affected employees who worked for the company between late July 2012 and January 2015 were awarded over $119,000 in unpaid overtime pay and back wages.
Recently, rideshare companies such as Uber and Lyft have come under scrutiny for allegedly misclassifying their drivers and failing to pay gratuities and overtime pay.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
In addition to being able to initiate a claim through the DOL, workers who have been unlawfully denied overtime pay may file a Kentucky unpaid overtime lawsuit with the help of an unpaid wages lawyer. In those instances, the employee may seek damages for unpaid overtime wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages. In some cases, the employer may be forced to pay the employee’s legal fees for bringing action to recover lost wages.
How a Kentucky 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 Kentucky. 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.