A Nevada unpaid overtime lawsuit may be an option for hourly and salaried employees, in addition to some contractors, who work beyond the standard 40-hour workweek. If an employee feels that they have not received the overtime pay they are entitled, a Nevada unpaid wages attorney may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Nevada 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 Nevada unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is the amount of time worked beyond the standard workweek of 40 hours. In the United States, eligible employees are entitled to “time and a half,” or one and one-half their regular rate of pay for time worked over 40 hours in any given workweek.
Who is Eligible for Overtime Pay?
“Nonexempt” employees are eligible to receive overtime benefits under the Fair Labor Standards Act (FLSA). Employees are considered nonexempt if they make less than $455 per week ($23,600 per year).
In Nevada, the following types of occupations are exempt from federal and state overtime rules:
- Outside buyers
- Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage
- Employees who are employed in bona fide executive, administrative or professional capacities
- Employees covered by collective bargaining agreements which provide otherwise for overtime
- Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935
- Railroad employees
- Employees of a carrier by air
- Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan
- Drivers of taxicabs or limousines
- Agricultural employees
- Employees of business enterprises having a gross sales volume of less than $250,000 per year
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
People who are independent of the businesses and companies that they do business with are considered to be independent contractors. In order for the overtime provisions of the FLSA to apply to a worker, the worker must be considered an employee of the employer and not an independent contractor.
According to the U.S. Department of Labor’s (DOL) Wage and Hour Division website, employers are sometimes found to mislabel some employees as independent contractors, causing serious problems and denying many eligible workers access to benefits and protections in which they are entitled. If an employee is found to be misclassified as an independent contractor, they may be able to seek compensation with the help of an unpaid overtime attorney.
Unpaid Overtime Lawsuits
According to a news release published by the DOL, investigators from the Wage and Hour Division found that a Nevada landscaping company had violated the overtime requirements provided in the FLSA. As a result of the company’s failure to pay overtime, 10 employees were awarded over $59,000 in overtime wages as well as an equal amount in liquidated damages for a total of over $119,000 in compensation.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime benefits may be eligible to file a Nevada unpaid overtime lawsuit with the help of an unpaid wages attorney 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. Likewise, the same protections provided in the FLSA make it illegal for an employer to retaliate against an employee who has filed an unpaid overtime lawsuit.
How a Nevada 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 Nevada. 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.