Both federal and state laws mandate the payment of overtime wages to qualifying employees for every hour worked in excess of 40 in a single week. When employers attempt to avoid making overtime payments by manipulating an employee’s timesheet or by simply ignoring the law, affected workers have legal recourse.
If your employer has failed to pay you overtime in violation of Missouri Wage Law or the Fair Labor Standards Act (FLSA), you may be entitled to back pay and statutory liquidated damages. Our St. Louis overtime violations lawyers handle these claims on behalf of individual employees as well as groups of employees through class actions and collective actions. Let our diligent wage and hour lawyers help in your case.
1938 saw the enactment of the federal Fair Labor Standards Act (FLSA). This law states that full-time employees must earn overtime pay for all hours worked in excess of 40. This rate of pay must be one and a half times a qualifying worker’s normal hourly wage. However, Missouri Revisor of Statutes, Title 18 Labor and Industrial Relations §290.505 specifies that those who work in amusement or recreational settings are entitled to receive overtime pay after working 52 hours in a given week.
Not every worker qualifies for overtime compensation. The FLSA contains dozens of exemptions under which specific categories of employers and employees are exempt from overtime requirements. The most common exemptions are the white-collar exemptions for administrative, executive, and professional employees, computer professionals, and outside sales employees. There is also a lesser known exemption for certain retail or service organizations that accept commissions.
Only people who work on an hourly basis can claim overtime pay, leaving all salaried employees exempt. The primary advantage of classifying employees as exempt is that employers don’t have to track their hours or pay overtime, no matter how many hours they work. A St. Louis attorney could help businesses and employees alike determine entitlement to overtime pay.
Employers who violate either state or federal overtime laws may face harsh penalties. Filing a complaint with the State’s Department of Labor & Industrial Relations or the federal Wage and Hour Division of the Department of Labor can initiate an investigation that may ultimately lead to an award of back pay.
Workers who believe they have not received proper overtime pay also have the right to seek compensation in a St. Louis civil court. This can include payments for all unpaid wages, the cost of filing a lawsuit, and even attorneys’ fees. A St. Louis lawyer can take the lead in gathering evidence of an overtime violation, submitting lawsuits to the proper courts, and presenting cases before juries that outline a workers’ entitlement to compensation.
Overtime pay for hourly workers is protected by both state and federal labor laws. An employer’s failure to provide this pay gives you the right to seek legal recourse with the professional help and guidance of an attorney.
A St. Louis overtime violation lawyer could assist you with filing complaints through the relevant regulatory agencies and help you file a civil lawsuit to recover your losses. Contact our team today to learn more.
