An Oklahoma unpaid overtime lawsuit may be an option for hourly and salaried employees who work over 40 hours per week and are not paid overtime. Federal law, as well as many state laws, states that employers must pay eligible employees who work hours beyond a 40-hour workweek one and one-half their regular rate of pay in overtime compensation. An Oklahoma unpaid wages attorney may be able to help qualifying employees recover the compensation they deserve.
For more information, contact the Attorney Group for Oklahoma 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 Oklahoma unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is time worked in addition to normal working hours. In the United States, the term “normal” working hours is defined as 40 hours worked in a workweek. According to the Fair Labor Standards Act (FLSA), eligible employees covered by the act must receive compensation at a rate of one and one-half their regular rates of pay for hours worked over 40 hours in a workweek.
Who is Eligible for Overtime Pay?
Under the FLSA, “nonexempt” employees are covered by the overtime provisions. Nonexempt employees include hourly and salaried workers who earn less than $455 per week ($23,600 per year).
Employees who are considered “exempt” from the overtime rules include:
- Executive, administrative, and professional employees
- Outside sales employees
- Computer professionals
- Highly-compensated employees who earn more than $100,000 per year
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
An independent contractor is a person or business who contracts work with another person or business. Independent contractors are not employees and are not entitled to the overtime provisions in the FLSA. However, a business cannot call someone an independent contractor simply because the want to do so. In some cases, legitimate employees are misclassified by their employers in order to avoid certain employee benefits, including overtime compensation. If an employee feels that they have been mislabeled an independent contractor, they may be able to file an unpaid overtime lawsuit with the help of an unpaid wages lawyer.
Employees who are commonly misclassified as independent contractors include:
- Truck drivers
- Tow truck drivers
- Exotic dancers
- Construction workers
- Port workers
- Call center workers
- Couriers and package delivery workers
Unpaid Overtime Lawsuits
In 2015, an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division found that an Oklahoma contractor had violated overtime provisions of the FLSA as well as other benefits provided by federal law. As a result of the investigation, the contractor was ordered to pay over $200,000 in unpaid overtime wages to 178 employees who were misclassified as independent contractors.
According to a CNN Money article published in January 2016, drivers who worked for Lyft, a ride-sharing company based in San Francisco, claimed that the company had misclassified them as independent contractors and that they were entitled to certain benefits, including overtime pay. After a class action lawsuit was filed against Lyft, the company agreed to pay $12.25 million as part of a settlement agreement.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Employees who have not received the overtime compensation they are entitled have the option of filing a claim with the DOL as well as an Oklahoma unpaid overtime lawsuit to recover lost wages. 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 an Oklahoma 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 the Attorney Group for Oklahoma. 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.