Unpaid Overtime
Some experts estimate that up to 70 percent of all employees in the U.S. are not being paid in accordance with the minimum wage and overtime provisions in the Fair Labor Standards Act (FLSA).
Some states have their own (often more strict) overtime pay regulations, but Alabama follows the FLSA, which requires that non-exempt employees be paid at least the federal minimum wage for all hours worked and overtime pay at least equal to 1.5 times the regular rate of pay for all hours worked over 40 hours in a work week.
Some employers intentionally choose not to pay overtime wages. Other employers fail to pay overtime because they do not understand the law. Either way, if you worked more than 40 hours in a work week, you may be entitled to recover your unpaid overtime plus penalties, interest and attorney’s fees.
At the law office of Adam M. Porter in Birmingham, Alabama, I help both salaried and overtime workers obtain the overtime pay they deserve. I have more than 30 years of experience advocating on behalf of employees across the full spectrum of employment law.
Alabama Employee Representation
State law provides for a two-year statute of limitation regarding the recovery of back pay. In other words, you may be able to recover up to two years’ worth of wages from the time of the filing of your lawsuit. However, if an Alabama employer knowingly and willingly violates the FLSA with regard to overtime pay, federal law allows you to recover up to three years’ worth of wages prior to the date of the lawsuit filing.
These cases often become a dispute of whether or not an employee is classified as exempt from overtime pay. The FLSA does not place limits on the amount of time that an employer is allowed to require an exempt employee to work. An employee is usually exempt if they have more responsibilities than the average employee, and if they perform tasks that are more managerial in nature.
Schedule A Free Consultation With Our Experienced Employment Lawyer
Our Birmingham unpaid overtime attorney can help you determine if you have a case against your employer that may allow you to collect back pay for unpaid overtime. Call 205-322-8999 or email me to schedule an appointment.
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