An Oregon unpaid overtime lawsuit may be an option for employees who worked hours beyond a normal workweek and did not receive overtime compensation. All eligible employees in the U.S. are guaranteed to receive overtime pay for hours worked in addition to normal working hours. However, some employers may try to avoid paying overtime by mislabeling them as independent contractors. If an employee feels that they have not received the overtime pay that they are due, an Oregon unpaid wages attorney may be able to help them recover the compensation he or she deserves.
For more information, contact the Attorney Group for Oregon 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 Oregon unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
In the United States, overtime is any time worked beyond the standard 40-hour workweek. When an eligible employee works overtime, he or she is guaranteed “time and a half” or one and one-half their regular rate of pay.
Who is Eligible for Overtime Pay?
Under the Fair Labor Standards Act (FLSA), all “nonexempt” employees are entitled to receive overtime pay. Employees who make less than $455 per week are considered nonexempt and qualify for overtime compensation. In December 2016, all hourly and salaried workers who make less than $913 per week were supposed to become eligible for overtime time, expanding coverage to more than 4 million workers in the U.S. and 6,000 workers in Oregon. However, the rule was blocked by a U.S. District Court Judge in Texas when the court set a preliminary injunction on November 22, 2016 against the final overtime rule. On December 1, 2016, the injunction was appealed by the Department of Justice.
According to the FLSA, occupations that are considered “exempt” from receiving overtime pay include:
- White collar workers, such as executive, administrative and professional employees
- Outside sales employees
- Farmworkers
- Computer professionals
- Drivers, driver’s helpers, loaders and mechanics
New overtime rules will automatically update the salary threshold every three years and are designed to strengthen overtime protections for salaried employees who are already eligible for overtime pay.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors work for themselves and, under the FLSA, are not eligible to receive overtime pay. Sometimes, however, an employer may label an employee as an independent contractor to avoid paying certain benefits, including overtime pay.
According to the FLSA, factors considered when determining an employment relationship include:
- 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
If an employee feels that they are being mislabeled as an independent contractor, they may be able to file an unpaid overtime lawsuit and pursue compensation for back wages.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Eligible employees who have been unlawfully denied overtime pay may be eligible to file a lawsuit with the help of an Oregon unpaid overtime lawsuit attorney. In addition, the employee may be able to pursue a claim through the DOL. In those cases, the employee can pursue compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How an Oregon 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 Oregon. 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.
