A Mississippi unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as 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 Mississippi unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Mississippi 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 Mississippi unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
When an eligible employee works more than the standard number of hours in a workweek, he or she is paid overtime, or compensation for working those additional hours. In the United States, employees who work over 40 hours in a workweek must receive at least one and one-half their regular rate of pay. The overtime rate is often referred to as “time and a half.”
Who is Eligible for Overtime Pay?
According to guidelines set forth in the Fair Labor Standards Act (FLSA), all “nonexempt” employees are eligible to receive overtime pay for hours they work beyond the standard 40-hour workweek. The FLSA also outlines rules for “exempt” employees as well. Employees who work in a bona fide executive, administrative, or professional position are considered exempt as well as certain computer professionals, outside sales employees, and highly-compensated workers. Other exemptions include farmworkers; certain drivers, driver’s helpers, loaders, and mechanics; and seasonal and recreational employees.
Overtime Final Rule and Injunction
On May 18, 2016, the DOL issued its final overtime 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 be eligible to receive overtime pay.
The Overtime Final Rule was set to go into effect in December 2016, however, 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. According to the DOL, the agency filed an appeal in conjunction with the Department of Justice on December 1, 2016.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
According to the Internal Revenue Service (IRS), people who are in an independent trade, business, or profession in which they offer goods and services to the general public are known as independent contractors. Independent contractors are not employees and are not eligible to receive the same benefits, including overtime, that employees do. While the line between independent contractor and employee can often be blurred, a worker is not an independent contractor just because an employer says they are.
In some instances, employers misclassify their employees as independent contractors to avoid paying overtime and other benefits.
Jobs often misclassified include:
- Construction workers
- Call center workers
- Port workers
- Tow truck drivers
- Truck drivers
- Exotic dancers
Unpaid Overtime Lawsuits
Each year investigators from the U.S. Department of Labor (DOL) Wage and Hour Division find violations of the overtime provisions of the FLSA and dozens of unpaid overtime lawsuits are filed across the U.S. In many cases, workers are misclassified as independent contractors, and employees are denied their rights to overtime pay and other essential benefits and protections.
According to a motion filed with the Judicial Panel of Multidistrict Litigation in December 2015 against the ride-share company Uber, determinations in California and Oregon found that the claimants were entitled to unpaid wages and reimbursement of expenses because of their status as employees. Lawmakers have investigated Uber’s employment policies, and unpaid overtime lawsuits have been filed against Uber seeking to recover compensation for the plaintiffs.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file a Mississippi 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 Mississippi 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 Mississippi. 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.