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Employee rights regarding unpaid overtime

On Behalf of | Jan 30, 2023 | Employee Rights

Your West Virginia employer is obligated to ensure your safety on the job. He or she must also comply with all labor laws, including those that are relevant to wages. If your contract states that you are to receive a certain amount of overtime pay, then your employer must fulfill the obligation. Employee rights protect you from not receiving payment in a timely manner.  

If you suspect wage theft in connection with unpaid overtime, you can take steps to report the problem. The Fair Labor Standards Act (FLSA) states that, if you work more than 40 hours in a week, your employer must pay you wages for time and a half. Reporting unpaid overtime is a logical first step to take to recover your financial loss.  

Where to file a complaint 

The Wage and Hour Division of the Department of Labor is the entity that handles unpaid overtime pay complaints. You may access this department to file a complaint by visiting the department in person. If you prefer, however, you may also submit your complaint by mailing the documents to the proper location.  

Information that must be included in a claim 

If you are filing an unpaid overtime pay claim at the Wage and Hour Division of the Department of Labor, you must include certain information in the complaint. In addition to the name, address and phone number of your employer, as well as your own contact information, you’ll also want to include the information shown in the following list: 

  • The job title and duties you hold at the company 
  • All relevant information regarding your pay, including how much and how often you receive it 
  • The specific violations that you are claiming to have occurred 
  • The exact dates of the violations 

The FLSA protects you from discrimination or retaliation, meaning that your employer cannot terminate your position in response to you filing a pay violations claim. 

Be aware of the statute of limitations 

It is always best to file a complaint for unpaid overtime as soon as possible. You will definitely want to submit your claim before 18 months have passed. There are statutes in place regarding pay recovery. At this time, you can only recover wages owed to you within two years of a filed complaint.  

Reporting wage theft can be a stressful experience, even though there are protections against retaliation in the workplace. Many workers minimize stress by asking a legal advocate who is well-versed in labor laws to help them navigate the system.