How Do I Handle Retaliation For An Overtime Complaint?
Retaliation for overtime complaint is illegal. If you don’t know this yet, let me reiterate: retaliation is unlawful. And yet, the fear of possible retaliation from an employer can sometimes be enough to keep an employee from seeking their lawful rights.
Retaliation Is Illegal
The Fair Standards Labor Act (FLSA) protects the time and work of employees by providing that he or she receive overtime compensation. However, there are exempt employees (executives, academics, and professionals). The nonexempt employees usually should receive overtime compensation for any hours worked over a normal 40-hour workweek. FLSA provides that overtime compensation should be a 1.5 rate of the normal pay rate. What is FLSA and what does it do?
Meanwhile, if you, the employee, has come to the conclusion that you are wrongfully labeled exempt or that your overtime has been miscalculated, you will want to approach your employer with this information. Occasionally, an employer will not be convinced.
File An Overtime Complaint Or Sue
At this point, you have two options. You can sue your employer for unpaid wages or you can file a complaint with Pennsylvania’s department of labor. Be aware that there are certain time limits for both scenarios. The most important thing is that you choose a course and move towards it quickly. You may want to contact an overtime employment attorney who will be able to advice you on the best option for your situation.
Retaliation for Overtime Claim
Sometimes when an employee makes a complaint against an employer for a certain action or lack of action, the employee may find themselves fired, demoted, or disciplined. This is unlawful. An employer may not discipline an employee for bringing a complaint against the company.
However, there may not be protection for an employee who only internally complains about a situation. But when an employee complains to the government, he or she is protected from retaliation.
What Do I Do About Retaliation?
Filing an overtime complaint is disconcerting enough, but to add company retaliation to the injustice that you feel that you have experienced is so much worse. When you experience retaliation, be quick to report it.
- If you have a lawyer, tell him or her immediately. Don’t allow the retaliation to grow cold. A lawyer will know how to use this situation alongside your complaint.
- Share the date, time, and other details. These facts will help prove that retaliation did occur.
- If you aren’t represented by a lawyer, you need one. When it comes to retaliation, you need an advocate to push for your rights especially if your employer is using intimidation like retaliation. Call us.
Retaliation for an overtime complaint is inappropriate according to the law. Your employer has no right to discipline you because you’ve spoken out about overtime pay discrepancy. Do not go through this process alone.
If you have worked overtime without compensation and you are eligible for FLSA coverage, contact a lawyer who will know how to navigate your case and your rights under the law.