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more_legal_areas workers_compensationOvertime lawsuits can be filed by employees who are denied overtime wages in violation of the provisions contained in the United States Fair Labor Standards Act of 1938. This federal law provides minimum wage, overtime, and child labor standards. This law is enforced by the Department of Labor''s Employment Standards Administration.
Overtime lawsuits are possible when an employee eligible for overtime wages is denied fair compensation. Employees are eligible for overtime pay when they work more than forty hours in a work week. Overtime pay is defined as one and a half times an employee''s normal hourly wage.
Every employee who makes less than $455 per hour or $23,660 annually is eligible for overtime pay and may file an overtime lawsuit if they do not receive this compensation. Overtime laws were recently revised in August of 2004 increasing this minimum earning wage to cover hundreds of thousands of employees in low-wage industries such as agriculture, garment manufacturing, health care, day care, restaurant work, janitorial services, and temp workers.
In addition to low wage workers, all blue collar employees, law enforcement officials, public services workers, and first responders are eligible for overtime pay, and can file an overtime lawsuit if these wages are unlawfully denied.
Under federal law, there are certain employees who are not eligible to receive overtime pay, and are therefore not eligible to file an overtime lawsuit. These employees include anyone who makes more than $455 per week in the following positions: executive, administrative, professional, computer, and outside sales. There are a number of tests these employees must pass in order to be exempt from overtime wages. These are all outlined by federal law and were made stricter by the enactment of new legal provisions.
If an employee feels that they are eligible for an overtime lawsuit, they can file a claim with the Department of Labor, who will investigate violations in overtime law. In 2003, the Department investigated 40,000 cases of employer overtime law violation which led to more than $212 million dollars in back wage collection. Complaints take an average of 108 days to resolve and there is generally a two year statute of limitations for when an overtime lawsuit or complaint can be filed.
In 2003 alone, over ten million dollars in civil overtime lawsuit damages were awarded to victims of overtime law violations. Numerous large class action overtime lawsuits have been filed in recent years against major companies such as Farmer''s Insurance, Bank of America, Starbucks, Wal-Mart, and Radio Shack. Class action overtime lawsuits are common for overtime law violations.
If you are the victim of overtime law violations entitling you to compensation in back wages, you may be eligible for an overtime lawsuit. To discover what your legal rights and options in a case are, you may wish to contact an overtime legal attorney.
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