If you work as a landscaper, you may have long shifts to fulfill client needs and to complete the projects that your company must tackle.
If you are a landscaper who believes you are eligible, but not being paid overtime, you may be the victim of wage theft. If you are not being paid overtime as a landscaper, and you are entitled to receive it, you can pursue a wage theft claim against your employer.
An employment law attorney can help you through the claims process and ensure that you are fairly compensated for your damages.
Eligibility For Overtime
The Fair Labor Standards Act (FLSA) is a federal law that establishes overtime. It says that non-exempt employees are entitled to receive at least time-and-a-half their regular wages for any hours worked over 40 in a workweek.
According to the FLSA, a workweek is a period of 7 consecutive days totaling 168 hours. The specific days can vary, just so long as they are set up as 7 consecutive days.
The FLSA does not indicate overtime is required for individuals working excess hours in a day, so it does not matter if you work an 8-hour day or a 14-hour day, but instead, focuses on the total hours worked during a week.
Non-exempt employees are usually paid an hourly wage. Most salaried employees are exempt and do not qualify for overtime, but there are a few salaried employees who may be eligible.
You will need to review your employment contract to determine your classification. There are situations in which an employee may not be properly classified so the employer can avoid overtime.
An employment law attorney can review your documentation and determine if your employment classification is accurate.
There are some states that have established additional laws applicable to overtime pay. Some states require that overtime be paid for any hours worked in excess of 8 per day.
In that case, you may not have worked more than 40 hours a week, but you may still be eligible for overtime because you worked 10-hour days or 12-hour days. You need to research your state laws as well as the FLSA.
Gathering Evidence Of Eligibility
You will need to gather evidence and supporting documentation for your claim. This will include copies of timecards, documentation of hours worked and breaks, paystubs, witness statements, your employment contract, and your employee handbook.
You will need to calculate the total amount you are owed for overtime that you were not paid. You should also check your state laws to see if you are entitled overtime for working longer days.
Your employment contract should allow you to check your contract status. This would allow you to determine if you do qualify for overtime and you were not paid the wages that you earned.
An employment law attorney will be able to review the laws and your contract then determine the best way to proceed with your claim. An attorney can also determine if you were misclassified by your employer as an attempt to avoid paying you overtime.
What To Do Next
Your first step will be to file a complaint with your employer. Schedule a meeting with the human resources (HR) department.
You will need to present the evidence that you have that will show you were eligible for overtime, you earned it, and how much you are owed. You should document your employer’s response and keep any correspondence you receive.
If your issue is not resolved with your employer, you will need to file a complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC will investigate and review the details then determine the best way to proceed with your claim. They will speak with your employer and try to resolve the matter. If it is not resolved, they will suggest you file a lawsuit against your employer and ask for your lost wages and any damages you suffered because of the wage theft.
Get An Expert On Your Side
If you have not been paid overtime that you are entitled to receive, you may have suffered wage theft.
You should speak with an employment law attorney who handles wage theft claims in your area. With the guidance of an employment law attorney, you are more likely to succeed with your claim.
Be sure to discuss payment options with your lawyer as some attorneys ask for a retainer to be paid and others will take cases on a contingency basis. You have limited time to pursue a claim, so get your free case review today.
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