Possible Damages In An Overtime Wage Claim

If necessary, employees are willing to do overtime work. And if you do so, the FLSA requires your employer to pay you overtime wage. The sad news is that, as bared by the website of Williams Kherkher, many companies do not pay employees the overtime pay they are entitled to. For employees who were denied their overtime pay, they can file a claim and recover damages from their employer.

Under the Fair Labor Standards Act or FLSA, employees can recover their unpaid wages with an overtime pay lawsuit. By filing a case, an employee can recover damages and make their employer liable. The FLSA usually awards liquidated and punitive damages to a plaintiff. Liquidated damages are unpaid wages which is equivalent to the amount that your employer owed you. It is often called as “double damages.” An employer can avoid paying liquidated damages if they can show that their act was done in good faith. Second, that they had the reasonable belief that they were not required to pay the wages being questioned.

When it comes to punitive damages, the FLSA does not have specific provisions. However, some courts will award punitive damages if there was retaliation from the employer for an employee who exercised their rights under the FLSA. However, Federal law restricts the awarding of punitive damages, However, some states have laws that award punitive damages for intentional wage violations. The available damage shall be dictated by either the state law or court discretion.

There are instances when interest on the unpaid wages can be awarded by the court. You will also be receiving what is so-called “waiting time” penalty which is equivalent to 30 days of the employee’s unpaid wages. If you win the case, your employer will also pay you attorney’s fees as well as the costs for pushing through with the case.

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