What can we do to get my wife’s past due overtime pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can we do to get my wife’s past due overtime pay?
On average my wife works between 5 and 12 hours overtime on a pay peirod. Her manager refuses to report her time to the corporate office. We have timecards, work schedules and pay stubs from the past 5 years. By simple math the total is 205 hours of unpaid overtime. What do we need to do to get her reimbursed for her time? There have been 2 times the manager has paid her in cash for a couple hours of overtime, however this was paid at her hourly rate not
time and a half as stated in state labor laws.
Asked on July 21, 2016 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can file a complaint with the state department of labor--they often investigate such situations and help employees get their unpaid wages or overtime. If the dept. can't help you, you can file a lawsuit for the money. To win, you'd have to prove the hours worked and testify/show (e.g. by paystubs) that you weren't paid the overtime. However, bear in mind that you can only go back 2 years on an overtime claim: that is, the company can only be forced to pay unpaid overtime during the past 2 years.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.