Articles Tagged with wages withheld now what

The Fair Labor Standards Act requires that both private and federal employers in the United States pay hourly (non-exempt) workers overtime at a minimum of 1.5x’s the normal hourly rate for any hours past forty hours in a workweek.

Now that you know what consists of a workweek and how you accrue overtime, you may be ready to pick up some extra hours to pay for some extras during the holiday season. Hold that thought. There are types of workers who are exempted from the overtime requirement. Those workers are generally salaried and make at least $684 a week (as of September 24, 2019). Those people are:

  • Administrative Employees:

Now that we’ve established the general mechanics of how you accrue overtime, you might have gone back to look at your previous paystubs and noticed that you haven’t been paid the overtime that you were due as an hourly worker. The Fair Labor Standards Act and subsequent legal precedent accounted for such circumstances where employers withhold wages that hourly employees rightfully earned, and you can’t be fired for taking the steps to remedy your situation. Your options include:

  • Talk to your employer: This may seem like an obvious answer, but the first thing you should do if you think overtime wages have been withheld from you is to talk to your employer to make sure it wasn’t a mistake that they’d be inclined to resolve without outside intervention.
  • File a Complaint with an Administrative Agency: So talking to your employer didn’t work out. The next step is to file a complaint with some administrative agency (Ie. The Department of Labor or its equivalent in your State). Most agencies require a written complaint, after which they’ll start an investigation to figure out if overtime rules were violated and seek a remedy on the behalf of both the employee and the employer. Generally, you’ll receive back pay for any withheld wages, however….
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