Federal and state law grant many rights to employees, including the right to fair wages and overtime compensation. If your employer has wrongfully denied you overtime pay by not paying you at the required rate or forcing you to work off the clock, you may be able to take legal action to recover unpaid wages and other damages.
Our Richmond overtime wage lawyers at Geoff McDonald & Associates are well-versed in federal overtime rules. Chief Executive Officer, President and Attorney, Geoff McDonald, has represented many different labor unions in legal disputes, including the International Brotherhood of Electrical Workers and the International Brotherhood of Teamsters.
Schedule a free legal consultation with us today to determine if you may have a viable case. If you do and we represent you, we are prepared to handle every aspect of the case and help you pursue any unpaid wages or other forms of compensation you may be eligible for.
Call 866-369-9051 to find out how we may be able to help.
Am I Eligible to Pursue Compensation?
Your eligibility to collect overtime pay will depend on several factors unique to your situation. Our legal team cannot give a definitive answer without reviewing your claim in detail.
Generally, employees who work more than 40 hours in a work week may be eligible for overtime pay equal to one and a half times their regular hourly pay rate. This is the absolute minimum employers can pay their hourly employees for overtime hours worked.
Overtime hours could include time spent working off the clock before or after a normal shift, working through breaks or lunches, or working at night, on holidays or weekends. If these hours put you over 40 in a week, you may need to be paid at the overtime rate.
Employers are not allowed to deny overtime by paying you for the average hours your worked over a two-week period. For example, if you worked overtime hours one week and 40 or less the next week, your employer cannot average out your hours and pay you based on the average hours worked.
There are numerous rules about when employees are exempt from overtime requirements. Our attorneys need to review your situation carefully to determine if you may have been owed overtime and how much you may be owed.
Call 866-369-9051 today to schedule a free consultation with an experienced Richmond overtime wage lawyer.
What Could My Case Be Worth?
If your employer failed to pay you properly or on time, you may be eligible to recover the unpaid wages, along with other damages including liquidated damages, which is often equal to the amount of unpaid wages.
You may also be eligible to recover compensation to help cover our attorney fees and court costs for investigating and filing your claim, if your claim is successful.
Our overtime lawyers are ready to investigate your claim and gather the necessary evidence to determine if your employer committed a wage violation. Our consultations are free with no obligation to take legal action.
Overtime Laws That May Apply to Your Case
Overtime laws in Virginia are the same as those under the Fair Labor Standards Act (FSLA), which sets the federal standards for minimum wage, overtime, and recordkeeping. Employers who are in violation of the FSLA may be legally liable for unpaid wages and other forms of compensation.
Virginia’s minimum wage is $7.25 per hour, the same as the federal minimum wage, and employees are eligible to receive an overtime pay rate of at least $10.88 per hour, your overtime pay rate is based on your hourly wage.
The FSLA generally does not have a limit on the number of overtime hours an employee can work. There is also no requirement for an employee to obtain approval from his or her employer to be eligible for overtime compensation. If you work overtime hours, your employer must pay you, whether you were authorized to work those hours or not.
Federal overtime law specifically says employees in certain occupations are entitled to overtime pay, including first responders, police officers, paramedics, firefighters and similar professionals who often work long hours and may be exploited or overworked by their employers.
To determine if an occupation is exempt from overtime, an employee’s pay rate, working conditions and skill level, among other factors, is assessed by the FSLA.
The Richmond overtime wage lawyers at Geoff McDonald & Associates have in-depth knowledge of overtime laws on exempt and non-exempt employees as well as record-keeping requirements. Let us help determine if you may have been unlawfully denied overtime compensation during a free and confidential consultation.
Reach us 24/7 over the phone at 866-369-9051 or through our free online form.
Employees Exempt From Overtime
Oftentimes, victims of overtime violations are employees who are non-exempt or misclassified as exempt from overtime pay requirements.
Exempt employees are compensated on a salary basis, paid at least $455 per week, and have an occupation that fits into one of four exemption categories. These include the following:
Executive employees are responsible for the direct supervision of two or more full-time employees. Primary duties include managing the employer’s enterprise or a recognized division or department of that enterprise. He or she must also have the authority to hire and fire or provide input in hiring and firing decisions.
An administrative employee’s primary duty is office or non-manual work related to business operations, management policies or administrative training. He or she must have the ability to exercise discretion and independent judgement regarding significant issues.
A professional employee’s primary duties require advanced knowledge and extensive education in the field of science or learning, such as artists, certified teachers and skilled computer professionals. The work is primarily intellectual and the worker is expected to use discretion and judgement.
To see if you may have a viable case against your employer, call a Richmond overtime wage attorney today.
How Long Do I Have to File a Claim?
If your employer failed to pay you overtime, we recommend that you consult a lawyer as soon as possible to explore your legal options. There are strict time limits for when these types of claims must be filed.
Under the FSLA, you must typically file a claim within two years from the date of your employer’s wage violation. In the event your employer willfully denied you overtime, you may have up to three years to file.
If the deadline passes, you could lose your ability to recover overtime compensation. It is important to contact a lawyer as soon as possible.
Contact Our Richmond Overtime Wage Lawyers
Have you been wrongfully denied the overtime pay you have earned?
You may be able to take legal action against your employer to collect compensation for unpaid wages.
The licensed Richmond overtime wage lawyers at Geoff McDonald & Associates understand the financial hardships caused by overtime violations. For more than two decades, our firm has protected the rights of victim’s wronged by individuals and entities and has recovered millions in compensation for our clients.
Our office in Richmond is located about 10 miles from the Virginia Department of Labor and Industry.