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Can i Sue my Employer for Unpaid Overtime?

*This is a transcript of the Facebook Live video from 3-1-18  Click here to watch the video.

You can. And there are a couple different ways to go about it. One is, you can come see a lawyer like me and if you think you have an overtime claim, be happy to talk with you. My number is 901-737-7740. That’s 901-737-7740. I’m also on the web at cronelawfirmplc.com. If you Google my name just say Alan Crone, Attorney, Memphis. I guarantee you, my name is going to pop up at least once on that first page so, you’ll be able to find me without any problem.

And so, that’s one way to go about it, is to go see a private attorney and they can help you determine if you have a case. You call us, we’ll interview you and we’ll find out exactly what your job duties are, what your situation is. Whether or not it’s worth your while to file a claim. Obviously, if you work overtime once, for one hour once or twice a month, that claim may not be worth your while to assert. But if you’re working 10 or 12 hours a week overtime and not getting paid for it, that certainly is worth your while, potentially, to bring.

Another way is to go see the Department of Labor, locally. There are many offices in every state of the Department of Labor. And, you can file a report and they may investigate it or, they may not investigate it. I can say the Department of Labor is very busy and sometimes, they have a lot of capacity and can jump right on your case. But, most of the time the Department of Labor is A) looking for big employers with lots of employees so that, they can get a bigger bang for their buck. And they’re also, looking for sometimes, specific kinds of cases. And, sometimes they have a long wait before they can investigate your situation. They’re also, conducting spot audits themselves without regard to being contacted by private parties. But either way can work. And, what you’re entitled too if your successful, in a case like this is, you’re entitled to receive the unpaid compensation. So in other words, you take the numbers of hours you worked, by your regular rate. The appropriate multiplier and you multiple that all out and that’s how much your lost wages claims are.

If it’s a willful violation, then you can get twice that amount. But that’s only if it’s a willful violation. And then, the company pays your attorney’s fees and costs of bringing the lawsuit. So, it’s not designed to get a big jury verdict out of a particular case. But it is designed to pay you what you’re owed, little bit extra hopefully, for your trouble. And to make sure that you don’t have to come out of pocket to pay your attorney.

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