A Louisiana unpaid overtime lawsuit may be an option for hourly and salaried employees, in addition to certain contractors, who work over 40 hours per week. If an employee feels that they are not receiving the overtime pay they are due, a Louisiana unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Louisiana 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 Louisiana unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
According to the U.S. Department of Labor (DOL), federal overtime rules cover eligible employees who work over 40 hours in a workweek at a pay rate of no less than one and one-half the employee’s regular rate of pay. Federal law does not require coverage for overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
Who is Eligible for Overtime Pay?
Under federal guidelines set forth by the Fair Labor Standards Act (FLSA), employees who are considered “nonexempt” are eligible to receive overtime pay. At the present time, nonexempt employees include workers who make less than $455 per week, or $23,600 per year.
In December 2016, federal overtime provisions were scheduled to begin covering an additional 4.2 million workers as the new rule would have included hourly and salaried workers who make less $913 per week, or $47,476 per year. However, 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, effectively blocking the final rule from taking effect. In response, the Department of Justice, in conjunction with the DOL, filed an appeal of the injunction on December 1, 2016.
According to Section 13(a)(1) of the FLSA, exempt employees include:
- Executive, administrative, and professional employees, often referred to as “white-collar” workers
- Computer-related occupations, including computer systems analysts, computer programmers, or software engineers
- Highly-compensated workers who are paid a total yearly compensation of $100,000 or more
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors are people who work for themselves and are not considered to be regular employees. Because they are not considered to be employees, independent contractors do not receive the same overtime benefits a normal employee would. According to the DOL, however, an increasing number of workplaces in the United States are misclassifying their employees as independent contractors, therefore avoiding many workplace regulations such as minimum wage, overtime compensation, unemployment insurance, and workers’ compensation.
Just because an employer classifies an employee as an independent contractor does not mean that they are. If an employee feels that they have been misclassified as an independent contractor, they may be able to file a Louisiana unpaid overtime lawsuit to recover compensation for lost wages.
Common occupations often misclassified as independent contractors include:
- Tow truck drivers
- Truck drivers
- Port workers
- Construction workers
- Exotic dancers
- Call center workers
- Package delivery workers
Unpaid Overtime Lawsuits
In November 2015, a Louisiana-based grocery store was ordered to pay over $400,000 in overtime back wages and liquidated damages to 56 employees. An investigation by the DOL Wages and Hours Division revealed that the grocery store failed to pay workers for all hours worked, including overtime as defined by the FLSA.
Unpaid overtime lawsuits have also been filed against Uber. According to an action placed with the Judicial Panel of Multidistrict Litigation in December 2015, at least five related motions have been brought forth in five federal district courts against the ride-share company. These actions make similar claims concerning Uber’s misclassification of drivers, failure to pay gratuities, and violation of other state labor and common laws.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Employees who have been unlawfully denied overtime pay may file a Louisiana unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a Louisiana 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 Louisiana. 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.