If you work more than 40 hours per week, in most cases, you should be paid overtime. There are exemptions—for example if you are in a management position or are considered an exempt employee, or you are paid a salary.
If you are an hourly employee and you feel like your employer owes you overtime, you may be able to file a lawsuit. In some cases, this can occur when an employer forces you to come into work to perform activities and does not allow you to take a break, or forces you into waiting periods before you can clock in.
We have been reporting about several high profile wage and overtime lawsuits filed against companies in our blog over the last couple of months, as the cases have been generating national headlines.
Recently, workers in California filed a lawsuit against Sprint Nextel Corp alleging that they were not paid for all the hours they worked. According to the lawsuit, the employees claim that they were often asked to spend time working on activities before they were allowed to clock in.
“Defendants have deprived Plaintiffs and the other Sprint Employees of wages by not paying the Sprint employees for all hours worked and not paying them premium wages for overtime hours worked,” the lawsuit states, according to LawyersandSettlements.com.
The lawsuit involves employees who worked at retail stores, selling Sprint products and services.
I Think My Employer Owes Me Back Wages. Can I Sue?
Remember, it is illegal for an employer not to pay you time-and-a-half wages for each hour worked over 40 in individual workweeks if you are an hourly employee. This includes instances where you work through lunch breaks at the employer’s request, or arrive to work earlier than your starting time and do light work at the request of the employer.
We can investigate your case and determine if you are entitled to damages if you believe your employer owes you back wages. Our labor attorneys are here to assist you.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys
Did You Know? At most workplaces, an unpaid thirty minute meal break must be provided within your first five hours of work.