Overtime Pay Class Action Lawsuits

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2007-10-20T20:57:00.000-07:00

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What Is An Overtime Lawsuit?

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An overtime lawsuit is a type of employment lawsuit alleging violations of state and/or federal overtime pay laws. Overtime lawsuits are prosecuted and defended by overtime lawyers or overtime attorneys.

What Is Overtime?

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Overtime is the amount of time someone works beyond normal working hours. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must generally receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.

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What Are Overtime Class Actions?

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A class action suit is a type of lawsuit in which the claims and rights of many people are decided in a single case. Specific plaintiffs are named in the class action lawsuit to assert the claims of the entire class so that everyone with the same complaint or injury doesn't have to file their own separate lawsuit.

Class action litigation is one of the most widely talked about topics in the law. And, it's no wonder why. The power of class action lawsuits allow ordinary people to stand up and challenge the largest companies in the world.

There are four primary types of class action lawsuits: consumer class actions, securities class actions, products liability class actions and employment class actions. Overtime pay class action lawsuits fall within the latter category, which also include lawsuits brought on behalf of employees of large companies for claims ranging from systematic workplace discrimination, pension and employee benefit violations, to minimum wage and overtime pay violations.

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How Do Employers Cheat Employees Out Of Earned Overtime Pay?

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Employers often try to avoid paying employees overtime pay in the following ways:

-By misclassifying a non exempt employee as an exempt employee (for instance, by miscategorizing workers as executives, administrators, professionals, outside sale persons or independent contractors);

-Requiring employees to work off the clock (for instance, by failing to record time actually worked on the job, failing to compensate for meal periods and rest breaks, failing to pay overtime for travel from shop to work-site and back, not paying overtime for time spent working while traveling, failing to pay overtime for attendance at training, meetings and lectures, failing to compensate for arriving early to perform necessary preparations for work, not paying overtime for time it takes to suit-up or put protective gear on, time waiting to log in, on-call time, or time in security lines, forcing employees to work on the weekends without clocking in, or by telling employees to report fewer hours than actually worked);

-Telling employees that they are not entitled to overtime for various improper reasons (for example, that that they didn't get permission or approval in advance, that they are paid on a salaried basis, etc.);

-Incorrectly calculating the amount due (by, for instance, carrying over one week's overtime hours into another week, paying employees their regular rate for overtime work; altering employees' time sheets, etc.);

-Giving time off in lieu; compensatory time; or comp time to private sector workers (a type of work schedule arrangement that allows workers to take time off instead of, or in addition to, receiving overtime pay.).

Are You Owed Overtime Pay Under Federal and/or State Overtime Law?

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If you are an employee at a large company and believe that you have not have received the overtime pay that you are due under the overtime labor law, an overtime lawyer may be able to help you fight back and recover your hard earned money. Contact an overtime law attorney today to protect your employee rights in the workplace.

There is strength in numbers. If you believe that other employees have similarly not received the overtime pay that you claim is due under federal and/or state overtime law, you might qualify for an overtime pay class action lawsuit. You might want to contact an overtime attorney.

Need To Find A Class Action Overtime Lawyer?

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There are many excellent class action attorneys in the United States. Because class action law is fairly specialized, you should look for a lawyer with significant class action experience.

Additionally, because there are many different types of class actions, look for a lawyer who has specific experience in the type of class action you wish to bring, If you are bringing an overtime lawsuit, for instance, then you might want to hire an experienced overtime lawyer or overtime attorney.

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