Representation For Employees Facing Overtime And Wage Violations
My employer tells me that I’m a salaried employee, but my time is tracked and I’m paid at an hourly rate. Am I entitled to overtime? If I’m a salaried employee and work more than 40 hours, am I entitled to overtime? I’m an information technology (IT) employee. Am I entitled to overtime?
We expect to be paid for the work that we do, but sometimes employees are uncertain whether they are entitled to overtime. Regardless of whether you are a salaried or hourly employee, or regardless of your field, you deserve to be paid for the work you do. Contact an experienced Fairfax overtime disputes lawyer to protect your rights.
At Hogan & Pritchard, PLLC, we help employees understand whether they are entitled to overtime, and we advocate on their behalf to resolve wage disputes. We represent employees in a range of wage disputes, including:
- Failure to pay overtime
- Withholding wages
- Misclassification of an employee
Answers To Common Overtime Questions
Overtime laws can be confusing when your pay method, job title and daily duties do not seem to match. The following answers explain how common wage rules may affect your right to overtime pay:
What is the difference between exempt and nonexempt employees in Virginia?
An exempt employee is not entitled to overtime pay under federal wage law. A nonexempt employee usually must receive one and one-half times their regular pay rate for hours worked beyond 40 in one workweek. However, an employer cannot decide your status by using a job title alone. Your actual duties, level of authority, pay method and other legal factors must support the exemption. For that reason, calling you a manager, professional or independent contractor does not always make you exempt.
Can my employer deny overtime because I receive a salary?
No. Receiving a salary does not automatically prevent you from earning overtime pay. Your employer must show that your pay and duties meet every requirement of a valid exemption. You may therefore remain nonexempt even when you receive the same base amount each week. Your daily tasks often matter more than the label listed in your employment records. Reviewing your pay stubs, time records and job duties can help determine whether your employer classified you correctly.
How far back can I claim unpaid overtime wages in Virginia?
The filing period depends on which law applies to your claim and when each violation occurred. Under federal law, employees can generally seek unpaid overtime from the prior two years. That period may extend to three years when an employer acted willfully. Virginia law may also provide a three-year period for certain unpaid overtime claims. Because filing deadlines can limit what you recover, you should gather your pay stubs, schedules, time sheets and workplace messages promptly. An attorney can then review the dates and identify the available claims.
Can my employer fire me for filing a wage or overtime dispute?
Your employer generally cannot lawfully punish you for raising a protected wage concern or reporting a possible overtime violation. Retaliation can include firing, demotion, reduced hours, lower pay, threats or harmful changes to your working conditions. Protection may apply when you report the issue internally, contact a government agency or take part in an investigation. If negative action follows your complaint, save emails, text messages, schedules, reviews and pay records. A timeline can connect your protected report to the employer’s later conduct and help determine whether you may have a retaliation claim.
Contact An Experienced Northern Virginia Team Today
Some computer employees may be exempt from overtime if they are doing certain types of intellectual work. However, some computer or IT employees may be treated as salaried employees and still be entitled to overtime.
Because our attorneys have experience representing employees and employers, we are familiar with both sides of the process, and we know how to protect the rights of our clients. We can help determine whether you are eligible for overtime and work to ensure that you are paid the wages you’ve earned.
Learn more about the counsel we provide by scheduling an initial consultation. We can be reached through an online contact form or by calling 703-552-4014.
We charge a consultation fee, which includes a thorough review of your case and answers to all pertinent questions. Contact us today.