A Virginia unpaid overtime lawsuit may be an option for hourly and salaried employees, in addition to particular persons or contractors, who work over 40 hours per week. If an employee feels that they are not receiving the overtime pay they are due, a Virginia unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact the Attorney Group for Virginia 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 Virginia unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is the amount of time an employee works beyond standard working hours. In the United States, eligible employees are entitled overtime compensation at a rate of one and one-half their regular rate of pay when they work over 40 hours in any given workweek.
Who is Eligible for Overtime Pay?
All “nonexempt” employees are eligible to receive the overtime provisions outlined in the Fair Labor Standards Act (FLSA), a federal statute requiring that workers be paid minimum wage and for extra hours worked beyond the 40-hour workweek. Nonexempt employees include hourly and salaried workers who make less than $455 per week.
Exemptions to the overtime rules include “white-collar” occupations such as executive, administrative, and professional employees; computer professionals; and outside sales employees. Other exemptions include farmworkers; drivers, driver’s helpers, and mechanics; and seasonal and recreational employees.
Do I Get Overtime Pay If My Employer Calls Me an Independent Contractor?
If you are an independent contractor (someone who works for themselves), you are not entitled to overtime compensation under the FLSA. However, an employer cannot say that a worker is an independent contractor because they want to do so. If a court finds that an employee has been misclassified as an independent contractor, the employee may be able to file an unpaid overtime lawsuit and seek compensation for lost overtime wages.
Common occupations misclassified as independent contractors include:
- Construction workers
- Truck drivers
- Tow truck drivers
- Exotic dancers
- Couriers and package delivery workers
Unpaid Overtime Lawsuits
Unpaid overtime lawsuits are also currently being filed against ride-share companies such as Uber. At least five related actions have been filed in five federal district courts against the company, according to a motion filed with the Judicial Panel of Multidistrict Litigation in December 2015. These actions make similar claims regarding Uber’s misclassification of drivers, failure to pay gratuities, and violation of other state labor and common laws.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
With the help of an unpaid wages attorney, employees who have not been paid overtime may be able to file a Virginia unpaid overtime lawsuit as well as filing a claim through the U.S. Department of Labor (DOL). Employees may also be able to seek compensation for unpaid back wages in addition to liquidated damages in an amount equal to the unpaid back wages.
Can My Employer Fire Me for Filing an Unpaid Overtime Lawsuit?
Under federal rules, an employer cannot retaliate against an employee for seeking unpaid overtime compensation. If an employee is fired or an employer retaliates against an employee, the employee may be able to take legal action for reinstatement as well as unpaid overtime pay and back wages.
Retaliation is not limited to termination of employment. Retaliation of any kind is illegal, including:
- Reduction of job hours or duties
- Unwarranted submission of poor performance
- Termination of an employee’s family member
- Other types of objectively punitive behavior motivated by the unpaid overtime claim
How a Virginia 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 Virginia. 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.