Leesburg Unpaid Overtime FLSA Attorney
Forty hours a week is a lot of time to work, so when an individual puts in overtime – sometimes accruing 50 to 60 hours a week – they do so with the expectation that they are going to receive overtime pay. And they should. However, on occasion, an employer will feel that a worker is not entitled to overtime pay, and simply not compensate them for their extra effort. This is not only unfair, but it is also illegal for employees covered by the Fair Labor Standards Act (FLSA) and state law. The law strictly forbids “wage theft” which includes wrongfully holding back an employee’s wages or overtime. The law provides a variety of ways to penalize employers who violate the laws and compensate the employees whose wages and overtime were not paid.
If you worked overtime, and if your employer failed to pay you for your extra hours at the appropriate rate, you are entitled to an unpaid overtime claim. Wage and hour laws are in place in every state in the country in order to protect employees’ rights. Unfortunately, despite the Fair Labor Standards Act (FLSA) passed in 1938, unpaid overtime is still one of the most commonly litigated complaints in Virginia. If your employer has violated the FLSA or state wage and hour law, contact our Leesburg unpaid overtime attorneys at Simms Showers, LLP to learn more about how to file an unpaid overtime claim so that you may receive the pay you are due.
In addition to the FLSA, in 2020 Virginia overhauled its own wage and employment law. The minimum wage was increased to $9.50/hour in 2021, $11/hour in 2022, and in $12/hour in 2023. A future increase to $13.50/hour and $15/hour is scheduled for 2025 and 2026 respectively but is dependent upon action by the General Assembly.
When Am I Entitled to Overtime Pay?
In addition to Virginia overtime requirements, the FLSA may also apply to your employer. A Virginia employer is covered by the FLSA if:
- They generate more than $500,000 in annual revenue; and
- They are engaged in interstate commerce—meaning, they conduct business between states. Interstate commerce includes making phone calls to another state, accepting phone calls from another state, sending or receiving mail from another state, and handling goods that have come from or that will go to another state.
Once you have determined whether or not your employer is covered by a state overtime law or FLSA, you must determine whether or not you, as an employee, are entitled to overtime pay. Typically, if your employer is covered you are entitled to overtime pay, unless you fall into the exempt category.
If you do not fall into the exempt category, and if your employer is covered by the FLSA, then you qualify for overtime once you have put in more than 40 hours in any given work week. Once you work more than 40 hours, your time is worth 150 percent of what it is normally worth, meaning that if you get paid $12 per hour regularly, you should receive $18 per every overtime hour that you put in.
How to File An Unpaid Overtime Claim
Due to a 2020 legislative change, employees who have not been paid overtime may file a lawsuit to recover the unpaid wages and overtime whereas before such a claim could only be brought by state regulators in many circumstances.
If you are entitled to overtime pay and you have yet to receive it, our Leesburg unpaid overtime attorneys recommend consulting with a legal professional who understands Virginia labor and employment laws. Labor and employment laws are extremely complex, especially those regarding overtime pay with many exemptions, exceptions, and even exceptions to the exceptions. Because of this, it is best not to attempt to file an unpaid overtime claim on your own. Doing so can be detrimental to your overall case. An unpaid overtime attorney has a thorough understanding of FLSA and wage and hour laws, and can utilize their knowledge to craft a compelling case in your favor. Contact Simms Showers, LLP at 703-997-7821 to consult with one of our experienced unpaid overtime lawyers today.
The Virginia wage theft law also provides a right to file a claim against an employer for wrongfully construing you to be an independent contractor instead of an employee.