The Fair Labor Standards Act (FLSA) guarantees certain workplace rights to every American employee. This includes protection against unpaid overtime wages and benefits following the employee’s position. However, many workers from various industries are being denied overtime pay as a cost-cutting measure in these economically tough times.
Workplace violations are not limited to minorities and vulnerable groups. But, most often, employers target the low-paid and uneducated workers. An Ayr discrimination lawyer represents unpaid overtime victims who may have faced discrimination based on gender, age, race, disability, pregnancy, or social background.
Before demanding overtime wages, a victim must confirm that they are eligible for the pay. Ayr employment lawyers make sure that the victim’s position does not qualify for an FLSA designated exemption. After the confirmation, they can prove the charges of unpaid overtime against the employer.
Employees who have not been paid fully for their work are entitled to compensation. This includes claims for attorney’s fees in addition to unpaid wages. Under certain circumstances, victims can also claim compensation on the grounds of unfair competition. But to receive remuneration, victims must first prove their claims. Ayr discrimination attorneys guide the victim through this process. They advise them to document their unpaid overtime by collecting pay statements and timesheets to calculate the total number of unpaid hours. This provides specific evidence of dates and times that the attorney can use to build the case.
The next step is to report the discrepancy and the evidence to the right contact in the company. Once it is confirmed that the failure of overtime pay is not a mistake on the company’s part, the discrimination lawyer helps the victim file a lawsuit with the state labor department. Since a victim has a two-year statute of limitations for back-pay claims, the attorney ensures that the case is filed before the deadline.
As the case proceeds, Ayr discrimination attorneys negotiate with the company or employer to determine the compensation amount. A victim is entitled to damages, including unpaid overtime payment, loss of workplace benefits, and emotional damage. If the victim has suffered from medical complications due to overtime working hours, they can demand reimbursement for the medical bills. The court can also direct the employer to cover the litigation and attorney’s cost on behalf of the victim. Based on these conditions, the attorney calculates the compensation and helps the victim make an informed decision.
The attorney also determines how the employer has violated employment laws. This includes docking pay, improperly classifying an employee as exempt or as a contract worker, not keeping accurate time records, not accounting for the time an employee spent on-field jobs or on-the-job training, and so on. This allows the lawyer to build a strong case against the accused.