All employees work based on the daily work that is assigned to them. Sometimes, the work is more, or they are free; hence, they take up more work. In such cases, employees usually end up doing overtime at their place of work. But, there are chances that the employer will not pay you the amount for the overtime you have done.
The employees might miss paying it to you intentionally or unintentionally. If it is done unintentionally, you can bring it up to them. If they pay it to you, the situation is normal, but if you are declined the payment, there are specific legal measures that you can take in response to it.
So, if you are stuck in this situation, you should know that you are not alone.
Hardworking employees are denied payment for their overtime work every day in various places and workplaces. In all legitimacy, all employees working overtime should get paid for the same. If the payment is not made, it is illegal, and the employee has the right to reach out to the court, too.
Circumstances Leading To Non-Payment Of Overtime Work
Sometimes, the employer can short-change an employee, costing them more money. Such situations include the following:
• When the employer is unintentionally or willfully making errors related to hourly calculations which do not speak the actual picture and are not in your favor.
• Suppose the employer tries to make a sudden change in your job classification or title, specifically to that of an assistant manager. Now, you might be considering this as a change of promotion. But, in reality, this is his way of paying your salary and saving on the overtime time he legally owes for your services. It is a common step taken by employers on a large scale; hence, they end up scamming the employee under the umbrella of giving unexpected promotions.
Also, you should know that if your employer is trying to get transitional benefits from your services, it is a trick of saving on overtime payments. It can include jobs like the following:
• Emailing other staff members
• Closing or opening the shopping
• Keeping away and storing the equipment based on the need
• Working as their secretary by taking down notes or answering phone calls and organizing meetings
Also, you should keep a check on the shift differentials and bonuses. As an employee, it is a part of your payment and should be received timely. Such amounts do not fall under the category of overtime pay. They are separate things and should be paid by the employer separately only. You should be careful if sometimes tries to play smart around you with these essential things.
4 Steps For Overtime Pay Recovery
Many workers tend to have an extreme case when they decide to take the legal way against non-payment of overtime work with the help of an experienced overtime attorney.
If you plan on strengthening your contentions, you can follow these tips:
1. Having Your Hands On Crucial Information
Whenever you are trying to take the legal way to gain justice for yourself or your work, you should know that any piece of evidence that is crucial to the case will help you. It can be a small piece of paper or a big file with essential facts; many things can help you strengthen your intention and side.
When you plan to take an overtime pay issue forward legally, you should know that any evidence related to the same will help you. Hence, you should keep a proper record of your shifts and work days. Also, you should ensure that you prepare a timesheet with the number of hours you have worked daily. If it exceeds the basics, it will clearly show that you should be paid for overtime.
2. Bringing It To The Notice
Overtime pay is a standard issue faced by employees in various locations. Also, small organizations tend to oversee it. Also, it is not in the picture when working with outlets.
But, in all possibilities, it is a rule that the employer should pay for the overtime even if it is for 1 hour.
If you are being unpaid for extra time, you should contact your senior. Also, you should bring it to the notice of other employees. You should know whether the employer is doing this will all or you only. In most cases, it is a common thing that happens with all employees. If you are undergoing a similar situation, all the employees can team up and file a representative suit against the employer and claim other damages apart from the payment he owes to all of you.
3. Get Your Hands On Important Documents
Documentation is essential in trials, and hence, when you take the legal way, you should consider having all documents related to your issues that will be raised in the court of law.
For example, you can carry written documents if there is a random update in your job profile or sudden changes in the timesheet. Also, please carry your salary slips, joining dates, and other essential documents, like regular and overtime payment discussions. If there are any underpayment proofs, you should carry them while submitting your complaint, too.
It will help in the better establishment of your point and will also work in the favor that you had raised these points. It would be the employer’s responsibility to work upon the same, and on the failure of the same, you seek a legal remedy.
4. Experience Over Guesswork
A legal professional has better knowledge of your rights and duties and is in a better position to move forward with the case in court. However, if you opt for random guesswork, it will not do any good to you, your complaint parties, and the basic idea that has taken you to the court of law. Any mistake can be dangerous, and it will cause you money for your hard work. Hence, it would help if you reached an experienced legal advisor and professional.
Whenever there is a civil wrong done to a person, there are remedies available for the same. It is unfortunate that you are not paid for the extra hours you have worked. But you need not worry if you have an experienced legal professional to take up your case. It would help if you furnished everything you can and they will take care of the rest.