In considering federal and state laws, it can be said that most employees who work more than 40 hours a week are eligible for 150% of their rate as overtime pay. The most important word there is “most,” because there are certain employees who are exempted from these laws, such as those who are in administrative, executive, and professional positions paid on a salary basis.
However, according to the website of the Texas employment law attorneys of the Leichter Law Firm, those who are eligible for overtime pay but have not received due compensation from their employers may take their cases to court. If they win their unpaid overtime claims, they may receive the things listed below.
Unpaid overtime compensation
Since the claim is about unpaid overtime, of course the claimant who wins the case gets the overtime pay he claims the employer has denied to him. But how can an employer deny overtime pay anyway? It can be because of legitimate errors, such as misclassifying an employee as ineligible for overtime pay or miscalculating work hours and hourly rates. It can also be because of malicious agendas, such as intentionally denying an eligible employee just to save costs and maximize productivity.
The claimant can get more than just overtime pay. He can get a lump sum called “liquidated damages,” or a specific amount of money noted by federal laws. The overtime pay he can receive can also increase because of an interest rate set by state laws.
If it has been proven that the reason behind the unpaid overtime is a malicious agenda, like when the employer has intentionally denied an employee of overtime pay just so it can save money, the employer may be accountable for additional money owed to the employee. This additional sum usually comes in the form of “liquidated damages.”
Legal representatives and courts are not free. The claimant has likely gambled his own money just to have an opportunity to fight for what he believes is rightfully his. If the claimant’s case proves to be legitimate and is won, the employer may be required to pay for all the legal fees, because they are financial burdens that could have been prevented by the employer anyway if it has paid the employee’s proper wages.