If you work in a factory, you may end up working long days with a lot of hours just to get the job done and the project completed. The company may have a big order that must meet deadline.
If you think that you are eligible to receive overtime, but you are not getting the overtime that you are entitled to receive, you may be the victim of wage theft.
Wage theft takes various forms, and you need to stay alert and be attentive to catch any pay discrepancies early. There is a time limit for pursuing a claim against an employer for wage theft.
Eligibility For Overtime
If you are a non-exempt employee, you are eligible to get paid overtime. The Fair Labor Standards Act (FLSA) establishes that non-exempt employees are to be paid at least one-and-a-half times your regular hourly wage for any hours worked over 40 during a workweek.
A workweek consists of 7 consecutive 24-hour periods that total 168 hours. Your employer establishes the days of the workweek. It could run from Sunday through Saturday or Monday through Sunday.
The FLSA does not apply to hours worked during a day. Usually, a non-exempt employee is paid hourly. There are some situations in which a salaried worker may qualify for overtime, so check your employment contract.
You will need to check the employment laws in your state. Some states have strict laws that apply to the hours worked in a day. Some state laws indicate that if you work more than 8 hours during a day you are to be paid overtime for any hours over 8.
Using this approach, you could be entitled to overtime even if you do not work more than 40 hours during a week. As an example, if you work three 12-hour days you would receive 12 hours of overtime pay for 4 hours each of those 3 days.
Gathering Evidence Of Eligibility
If you are a factory worker who was not paid overtime that you earned, you will need to gather supporting evidence and documentation.
You should get your employee handbook, your employment contract, your paystubs, copies of timecards, and statements from any witnesses.
You will need to familiarize yourself with the state laws as well as federal laws, so you will know if, and when, you are eligible to receive overtime pay.
You should determine your contract status by reviewing your employment contract. An employment law attorney will review your contract and determine if your job was properly classified.
You will need to show that you are entitled to receive overtime pay, and that you earned overtime pay and that you were not paid the overtime earnings that you are entitled to receive.
What To Do Next
If you believe you have suffered wage theft as a factory worker who was not paid overtime that you deserved, you should get your claim underway.
You will start the claims process by notifying your employer. You should speak with a supervisor or the human resources (HR) department and be sure to provide them with copies of all supporting evidence and documentation.
You should document your employer’s response and be sure to keep all correspondence that you receive from your employer regarding the claim.
If your employer does not take your claim seriously, or if the claim does not get resolved, you should take it to the next level and file a claim with the Equal Employment Opportunity Commission (EEOC).
The EEOC claim can be filed online or in person at the nearest EEOC office. They will investigate your claim by interviewing you and by interviewing your employer.
They will work to resolve the matter and to get a satisfactory resolution. If they find an ongoing pattern of wage theft, and if they cannot get the issue resolved, they will recommend that you file a lawsuit against your employer to recoup compensation for your damages, including the overtime you did not receive.
Getting The Help Of An Expert
If you are a factory worker who was not paid overtime that you were entitled to receive, you should speak with an employment law attorney who handles claims in your state.
With the help of a lawyer, you are much more likely to recover compensation for your damages. When you meet with the lawyer, be sure to discuss payment because some attorneys will ask for a retainer while others work solely on a contingency basis.
You have a limited time to pursue a claim against your employer for wage theft as a factory worker. Complete the Free Case Evaluation Form on this page to share the details of your claim.
