A South Carolina unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work over 40 hours per week. Federal law states that employers must pay “time and a half” in overtime pay to certain employees who work hours beyond a 40-hour workweek. A South Carolina unpaid wages attorney may be able to help an employee recover the compensation he or she deserves.
For more information, contact the Attorney Group for South Carolina 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 South Carolina unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
In the United States, overtime is time worked in addition to the standard workweek of 40 hours. Employees who are entitled to overtime pay must receive “time and a half” or one and one-half their regular rate of pay when they work an excess of 40 hours during any given workweek.
Who is Eligible for Overtime Pay?
“Nonexempt” employees are eligible for overtime pay. Nonexempt employees include hourly and salaried workers who make less than $455 per week.
Under Section 13(a)(1) of the Fair Labor Standards Act (FLSA), there are a number of exemptions to the overtime law. Those types of employees include:
- Executive, administrative, and professional employees
- Computer employees, including computer systems analyst, computer programmer, and software engineer
- Outside sales employees
- Highly-compensated employees who make more than $100,000 annually
If My Employer Calls Me an Independent Contractor, Do I Get Overtime?
According to the DOL, independent contractors are workers with economic dependence who are in business for themselves. Because independent contractors are not considered employees under the FLSA, they do not receive overtime compensation. However, an employer cannot call someone an independent contractor to evade paying overtime compensation and other employee benefits. Employees who believe they are being misclassified as independent contractors may be able to seek compensation for unpaid wages.
Factors usually considered when determining whether a person is an employee or independent contractor 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
Unpaid Overtime Lawsuits
Investigators from the DOL Wage and Hour Division found that three Charleston restaurants had violated minimum wage, overtime, and recordkeeping provisions of the FLSA. As a result of the agency’s investigation, the restaurants were required to pay over $216,000 in back wages to 26 employees. The investigation found that the employers paid cooks and dishwashers a fixed rate without regard to the number of hours they actually worked, resulting in overtime violations when those employees worked more than 40 hours in a week.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
If an employee is not paid the overtime they are entitled, they have the option of filing a claim with the DOL as well as filing a South Carolina unpaid overtime lawsuit. In most cases, if the employee is able to prove nonpayment of wages in court, he or she may be able to seek compensation for unpaid wages and liquidated damages equal to the unpaid wages. Additionally, employers may be able forced to pay the cost of hiring an attorney and subsequent fees.
How a South Carolina 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 South Carolina. 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.