DC Overtime Violation Lawyer
When you work more hours than you are supposed to, you should be adequately compensated for your time. Both federal and Washington DC laws advocate for this fair compensation. If an employer does not pay you responsibly, you should contact a DC overtime violation lawyer to help you understand your rights.
DC Overtime Laws
The overtime rate for minimum wage is one and one-half times the regular rate of pay for every hour more than 40 that an employee works in a week. The minimum wage in DC is $13.25 per hour, $14 per hour as of July 1, 2019, so the overtime rate for someone earning minimum wage would be $19.87 per hour.
At the federal level, the Department of Labor, Wage and Hour Division, and in DC specifically, the Office of Wage Hour Compliance oversee overtime wages. These agencies often try to settle claims and get employers to pay voluntarily.
DC law does not generally limit the number of hours that employees can work, but there are limits for certain kinds of workers. For example, children have a lot of restrictions in terms of the kind of work they can do, their hours, and so on, but for most workers, there is no limit to the number of hours they can work. There is also no DC law that prohibits employers from requiring that an employee be at work 45 hours in a week, 50 hours a week, or some other amount.
An individual in DC may challenge what they believe to be an overtime wage violation by reporting it to the appropriate authority in DC or to the federal government, or they can file a lawsuit in court with the help of an attorney. If a case is brought under the Fair Labor Standards Act, an individual could recover their unpaid wages and double damages. Additionally, if they had to hire a lawyer, they could recover their attorney’s fees as well. Under the DC wage law, an individual could recover the unpaid wages and treble damages, meaning that if their unpaid wages amounted to $1,000, they would recover that plus an additional $3,000, for a total of $4,000, plus attorney’s fees. It is a powerful tool for employees to combat wage theft.
Overtime Law Exemptions
The applicability of overtime laws depends on whether the employee is exempt from the federal and state regulations, and there are certain exemptions that could apply to field-service workers. There are various exemptions, so a DC attorney with experience in overtime violations could help determine individual factors such as the duties of their job and whether they are exempt and do not have to be paid overtime.
The overtime laws also apply to IT workers, but they may qualify for an exemption under the law and might not have to be paid overtime under the federal Fair Labor Standards Act or the DC wage law. Whether an employee falls into one of those exemptions is based on a multi-factor test that takes into account things related to the employee’s duties.
There is an exemption in the federal law for computer workers and highly skilled workers, as well. However, DC law has no exemption for computer programmers and similar jobs, so an IT worker has a better chance of being entitled to overtime under DC law than under federal law. Whether exemptions apply or not depend on a variety of factors. Each of these exemptions has a multi-factor test and whether a particular worker falls under one of those exemptions can be complicated and are determined on a case-by-case basis. If a particular employee thinks they have been misclassified, they should talk to a skilled DC attorney about that.
Examples of Overtime Violations in DC
A common example of an overtime violation in DC is when an employer misclassifies an employee as exempt when the employee is actually not. This can happen when an employer mistakenly classifies a worker as an independent contractor rather than an employee. Other examples include when an employer does not pay worker at all for the overtime hours they work during their final two weeks or when a worker is an independent contractor not entitled to overtime.
Call a DC Overtime Violation Attorney Today
If you have given your employer more of your time than you had to and were not paid for it, you should enlist the help of a DC overtime violation lawyer to examine the details of your case to determine whether you are exempt. Federal and DC wage laws are complex, so let an experienced DC attorney aid you in understanding their implications and exceptions.