What to Do About an Overtime Violation

Consumer Rights Law Firm Serving Clients in Chicago, Illinois, and Nationwide

Filing a lawsuit is always a difficult decision for our clients. The decision is particularly difficult when the issue at question is an overtime violation. After all, a reasonable person might be reluctant to pursue a claim against their employer.

At Markoff Leinberger, our lawyers understand this reluctance. And we also understand that many employers will do everything possible to fight these charges. We will work to level the playing field.

Preparation is key. If you want your day in court, you have to take certain steps on your own behalf. There are no guarantees under the law, but taking these steps will greatly aid your effort.

If you’re in need of an experienced labor violations lawyer, please call Markoff Leinberger today at 1-888-517-9115 for a free consultation.

Every Step You Take…

The actions you take after a violation of the Fair Labor Standards Act’s overtime regulations can have a serious effect on a future legal claim you might follow. It’s important, above all else, to stay calm and consult an attorney.

In a nutshell, FLSA requires employers pay their employees at least one and a half times their salary for every hour worked over 40 in a given week, provided the employee is not a manager or executive. If your employer forces you to work overtime in violation of this rule, you should:

  • Keep track of the occasions: Even one overtime violation is unjust, but these violations are rarely one-time events, though employers often pledge that they will be. Keep careful track of every time you’re asked to work overtime in violation of FLSA, no matter how briefly you worked. Document the date, the time you began and ended your overtime and how many hours you worked in the week. Ideally, record this information in a medium that timestamps any edits.
  • Gather as much documentation as possible: Evidence is the foundation of any legal action. Our Chicago overtime violations lawyers urge you to keep all time cards, pay stubs and hour log sheets. And if you signed an employment contract, keep a copy of that as well.
  • Don’t get angry: Employers will often try and argue that an employee is pursuing a grudge against the company. Don’t give them a basis for that charge. Continue performing your job at a high level.
  • Speak to Our Attorneys: FLSA strictly forbids any retaliation or retribution against an employee who files a claim under the act. You should speak to our overtime violations lawyers as soon as possible. We’ll advise you on how best to proceed, and if you are fired or otherwise punished after speaking with us we can try to help you with that as well.

Markoff Leinberger is committed to a vigorous defense of employee rights. This includes helping employees forced to work overtime in violation of federal law.

If you want to speak to our overtime violations lawyers about your claim, please contact Markoff Leinberger today for a free consultation using our online form or by calling 1-888-517-9115.