Find Out How to Claim Unpaid Overtime Amount

Determining unpaid overtime as defined by law is dependent on three things: how much the employee makes, what an individual does in their day-to-day job, and the skills required for the job position one holds. Putting into consideration all these factors, an individual who feels he or she has not been paid for overtime worked can seek the help of the best employment attorney in Los Angeles.

Amount One Qualifies for after winning an Overtime Case

In the event that an individual wins a case involving unpaid overtime, he or she is entitled to receive compensatory damages equivalent to the total amount due for overtime worked, plus liquidated damages if it is proven that the employer was aware and did not take the appropriate action. In addition, one can also get reasonable attorneys’ cost and fees.

Whose Responsibility is it to Track Overtime Worked?

It is the employer’s responsibility to keep track of as well as control the total number of hours an employee works. One does not even need to notify the employer in advance that they are going to work overtime. It is the employer’s duty to create the schedules and also know what is entailed in the scope of any upcoming projects. He or she should also be aware of how much time an employee takes to complete tasks. All employers are directed by law to pay their employees what is due for any overtime worked as long as the employees meet the eligibility criteria.

What to do Following an Unpaid Overtime

In the event one fails to get paid for overtime he or she worked, one should:

•    Ensure to Meet the Eligibility Criteria

One should ensure they meet all the requirements stipulated in the eligibility criteria to be in a position to claim pay for the overtime worked. One should also thoroughly review all the exemptions in regards to job duties, salary basis, and salary level. If one is eligible, then he or she should be paid by the employer but sometimes it requires strong proof.

•    Properly Document the Unpaid Overtime

One should take ample time to put everything in order and well document the details. It entails going through all the time sheets and pay statements one can find. The complainant should then calculate the total amount of excess hours worked that he or she has not received compensation. This will come handy when one is required to provide proof regarding when and how much time he or she worked for specific times and dates. The employment attorney will help the complainant in putting all the information together for effective use.

•    Confront the Boss or HR Department

One should make the confrontation in a friendly way since sometimes it happens the concerned parties may have not been aware and the mistake would be sorted out right there and then. In case the boss was aware and tries to dodge making the necessary compensation, then it is time to call the employment attorney for assistance.

•    Hire an Employment Attorney

Once one is certain and has proof that the employer knowingly ignores unpaid overtime, it is time to look for the best employment attorney in Los Angeles to file the claim before it is too late.

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