Unpaid Overtime Attorney in Springfield, Missouri

Work hard and get adequately compensated—it's a principle that the modern workforce stands by. Unpaid overtime is a serious problem (and unfortunately a common one) that can undermine this principle, leading to significant financial and emotional distress for affected employees.

At Lampert Law Office, LLC, Raymond B. Lampert represents individuals in Springfield, Missouri, who are not being compensated for their overtime work. He believes in the right of every worker to receive fair pay for every hour worked, in compliance with both federal and Missouri state laws. 

Understanding Unpaid Overtime

Unpaid overtime occurs when employers fail to pay eligible employees the overtime rate of at least one and a half times their regular pay rate for hours worked beyond the standard 40-hour workweek. This wage violation can arise from the misclassification of employees as exempt from overtime, a miscalculation of hours, or willful non-payment. 

Your Rights to Overtime Pay

Under the Fair Labor Standards Act (FLSA), most employees in the United States, including Missouri, are entitled to overtime pay.  

Consider an employee in Springfield, Missouri, who is non-exempt under the Fair Labor Standards Act (FLSA) and earns an hourly wage of $15. If this employee works 45 hours in a week, the calculation for their overtime pay would be as follows: 

• Regular Hours (40 hrs): 40 hours * $15/hour = $600 

• Overtime Hours (5 hrs): 5 hours ($15/hour 1.5) = $112.50 

Therefore, for this week, the employee's total earnings should be $712.50, which includes $600 for the regular hours and $112.50 for the overtime hours worked. This example illustrates the FLSA's requirement for overtime pay at a rate not less than one and a half times the regular rate of pay for hours worked beyond 40 in a workweek. 

Exemptions to Overtime Pay 

Some workers, however, fall under exempt categories. Some of these exempt categories include: 

• Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools) 

• Outside sales employees 

• Certain skilled computer professionals (such as systems analysts, programmers, software engineers) 

• Certain highly compensated employees 

• Independent contractors 

• Employees in certain industries, such as transportation, agricultural workers, and employees of certain seasonal amusement or recreational establishments (The exemptions for these particular cases are detailed under the FLSA and Missouri state law.) 

If you are unsure if you are an exempt employee, contact Lampert Law Office, LLC, so Raymond B. Lampert can help you understand your rights and your next options. 

Signs of Unpaid Overtime Issues

Recognizing signs of unpaid overtime issues is crucial for addressing and rectifying these violations: 

• Misclassification: Your employer incorrectly labels you as exempt from overtime. 

• Off-the-Clock Work: You are required to work before clocking in or after clocking out. 

• Underreported Hours: Your employer fails to count all hours worked or automatically deducts break times you did not take. 

• Flat Salary: You are paid a flat salary for all hours worked without additional overtime compensation, regardless of the number of hours worked. 

Whether you're misclassified or your overtime hours are underreported or not paid at the correct rate, you have legal options to recover your unpaid wages. 

Identifying that you are not being compensated for your overtime is the first step to dealing with this situation. Keep detailed records of your worked hours compared to your pay stubs as evidence for your claim. The next step involves consulting with an experienced unpaid overtime attorney who can evaluate your case and recommend the best course of action, whether that's negotiating with your employer or pursuing legal action. 

Legal Options and Remedies

Your attorney may suggest several paths to recover unpaid overtime, including filing a complaint with the Department of Labor, initiating a lawsuit for back pay, or possibly joining a collective action if others are experiencing the same issues at your workplace.  

Remedies can include receiving back pay for unpaid overtime, an equal amount in liquidated damages, and compensation for attorney's fees and court costs. 

Frequently Asked Questions (FAQ)

Here are the answers to some frequently asked questions regarding unpaid overtime and wage disputes, providing clarity and guidance for those facing these issues. 

Q: Am I eligible for overtime pay? 

A: Most employees are eligible, but there are exceptions. Let Raymond B. Lampert help you understand your eligibility based on your job duties and classification. 

Q: How can I prove unpaid overtime? 

A: Keep detailed records of all hours worked and any communications regarding your hours and pay. 

Q: How long do I have to file a claim for unpaid overtime? 

A: Under the FLSA, you have two years from the date of the violation to file a claim, extended to three years for willful violations. 

Q: What if I'm afraid of retaliation? 

A: It's illegal for employers to retaliate against you for asserting your rights under labor laws. If you're experiencing retaliation, your attorney can take steps to protect you. 

Q: How Can Lampert Law Office, LLC Help? 

With a deep understanding of both federal and Missouri employment law, Lampert Law Office, LLC is dedicated to helping employees in Springfield and surrounding areas—including Christian County, Taney County, Joplin, and Jasper—receive the overtime pay they are rightfully owed.