| Read Time: 3 minutes | Employment Law
can I sue my employer for not paying me overtime

If you worked overtime and have not been paid by your employer, you may have a compensation claim.

If you believe your North Carolina employer is not paying overtime wages appropriately, EMP Law can help. We have a long history of success in representing clients facing all types of employment issues, including unpaid overtime lawsuits. 

Give our North Carolina employment lawyers a call at (336) 724-2828 or send an online message today for a consultation.

What Is Considered Overtime?

Generally, overtime is any amount of time worked in addition to regular work hours. The federal Fair Labor Standards Act (FLSA) defines a typical work week as 40 hours for most employees. The FLSA requires any time worked beyond 40 hours a week to be paid at a rate of no less than one and one-half times your regular pay rate.

Can I Sue My Employer for Not Paying Me Overtime?

An employee can sue a past or present North Carolina employer for violating overtime laws. Unpaid overtime lawsuits seek unpaid wages for overtime hours and attorney’s fees and costs incurred to bring the case.

Even if you no longer work for that employer, you can still sue for unpaid overtime wages. Importantly, if you are currently working for the employer withholding overtime pay, they cannot retaliate and fire you for filing a complaint. If they do, you may be able to bring an additional claim for wrongful termination.

If an employer withholds overtime pay from you, they are likely doing it to other employees. These cases are often filed as class action lawsuits seeking back pay on behalf of hundreds of employees, and many involve large corporate employers. 

If your claim is successful, in addition to your unpaid wages, you may be entitled to:

  • Attorney fees,
  • Court costs and expenses, and
  • Liquidated damages.

In an unpaid overtime lawsuit, liquidated damages are meant to compensate the employee for damages caused by not being paid what they were owed for so long.

According to the FLSA, liquidated damages must match the total unpaid wages paid to the employee. In other words, if an employee wins an award of $10,000 in back pay, they are eligible for an additional $10,000 in liquidated damages. 

Statute of Limitations For Unpaid Overtime Lawsuits

The statute of limitations for filing an unpaid overtime lawsuit is relatively short. The FLSA provides an employee with two years from the date of unpaid wages to file a lawsuit against the employer for unpaid overtime.

However, if the employer’s violation is intentional, the deadline to file can be extended to three years. Because of the small window you have to bring a claim, it is essential to act quickly if you believe you are entitled to unpaid overtime pay. 

Contact Our Unpaid Overtime Attorneys in North Carolina

At EMP Law, we believe in fighting for the underdog. Not getting paid for overtime can drastically impact your life. You deserve your hard-earned money.

If your employer is illegally withholding, or has illegally withheld overtime wages from you, we are here to help you. Our attorneys are veterans in the field of employment law. Let us put our knowledge and experience to work for you. 

With offices in Winston-Salem and Charlotte, we serve employees throughout North Carolina.

Contact us online or call (336) 724-2828 today to schedule a no-obligation consultation. 

Author Photo

Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.

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