Virginia Unpaid Overtime Lawyer
In Virginia, overtime work is when an employee does more than 40 hours of work in a week. For example, an employee who works 50 hours in one week would have 10 of those hours counted as overtime. This definition of overtime adheres to the federal Fair Labor Standards Act (FLSA) in addition to many state wage and hour laws. Although Virginia does not have a wage and hour law that addresses overtime, the FLSA still applies.
If you are suspicious of discrepancies in your paycheck related to overtime pay, a Virginia unpaid overtime lawyer could examine your case and determine whether you may pursue compensation. Our seasoned overtime violations attorneys could help you establish your case and build a defense for court, so call today to start exploring your options.
Overtime Pay Laws
Under the Fair Labor Standards Act, employers must pay employees one and one-half times their regular rate for all hours more than 40 that they work in a week. For example, an employee who is regularly paid $10 per hour and works 41 hours in a week, should receive $15 per extra hour.
There is no state law for overtime wages in Virginia, so employees therein must determine whether they are exempt from the protections of the FLSA. Exempt employees are not entitled to the protections of the federal law, and they are not legally entitled to overtime pay. An employer may still agree to pay their employees some overtime, but it would not be legally required. For more information about overtime pay laws, consult with a knowledgeable Virginia unpaid overtime attorney.
Negotiations and Expected Hours
Overtime negotiations occur between an employer and employee and can involve employees who want to work more overtime hours as well as employers who do not want to pay overtime. Whether an employee gets more pay is a matter of the employer and employee agreeing on how much — if any — extra time they may work.
An employee who is expected to work over 40 hours every week may still qualify for overtime. If they are entitled to overtime pay under the Fair Labor Standards Act, they are entitled to overtime pay regardless of how regular their overtime hours are. For example, someone who works 50 hours every week would be entitled to overtime every week regardless of regularity.
What to do When You Are Not Being Paid Overtime
If someone is not getting the overtime pay they worked for, or it is not recorded on their paycheck, they may reach out to their employer, HR, or their supervisor and notify them about possible discrepancies in their paycheck. If these steps do not work, they should retain a skilled attorney who can help employees figure out whether they are entitled to overtime pay, whether they have been underpaid, and, if they have been underpaid, by how much. An unpaid overtime lawyer in Virginia could either notify their employer in a letter or file a lawsuit to recover the underpaid wages in order to help them pursue what they may be legally entitled.
Common Overtime Discrepancies in Virginia
Some of the most frequent unpaid overtime issues in Virginia involve an employee being misclassified. Employers may wrongfully classify employees as exempt from the FLSA’s protections, which may violate the FLSA by failing to pay them as a result.
Additionally, an employer violates overtime regulations when they do not pay employees for all the hours they work above 40 during a week. For example, if an employee works longer than they are being given credit for because the employer may be revising their time sheets, that employer could be held liable with the help of a Virginia unpaid overtime lawyer.
Call a Virginia Unpaid Overtime Attorney Today
Whether you want to verify that you are getting paid for the hours you have worked, or you are suspicious that your employer has misclassified you as exempt from FLSA protections, you should consult with qualified legal counsel about your concerns. A Virginia unpaid overtime lawyer can help you determine your exemption status, whether your employer’s actions are grounds for litigation, and how to proceed. Call the Spiggle Law Firm today and check out our free online case assessment here.