Do you have a 'junk drawer' stuffed full of old mail, coupons and pizza delivery menus along with important documents like your paycheck stubs? If you are an employee, it is in your best interest to keep good records of the hours you work and the pay you receive. Always keep notes of your work hours and keep all of your paycheck stubs together in a place where you can find them easily.
When you call overtime lawyers like the Ross Law Group for help, we will ask you what records you have to show the number of hours you worked and what you were paid. Keeping your own records will make it easier for us to act quickly to help you and if necessary, to satisfy standards that some Federal courts have set for Plaintiffs who sue under federal wage laws.
Federal law provides that most employees in the US who work more than 40 hours a week are entitled to receive overtime pay at one and a half times their usual hourly rate for the hours over 40. According to the Department of Labor, more than 70% of employers are not paying overtime as required by law. The US Department of Labor has created a Smartphone application to help employees track their overtime hours. If you dont have a smartphone, you can keep a log on a calendar or in a notebook. If you can, keep copies of your route sheets, work schedules, handwritten timesheets, or clockin, clockout records.
If you are owed overtime pay under the law, you can sue the employer in Federal court and may be awarded the wages owed, liquidated damages in an amount equal to the wages and attorney fees. In FLSA cases, the burden of proof falls on the employer to prove that wages were paid as required by law.
However, recent decisions by the U.S. Court of Appeals for the Second Circuit hold plaintiffs filing lawsuits to a higher standard than has been required in the past. On Aug. 5, 2013 the court affirmed the dismissal of an FLSA overtime lawsuit, finding that the plaintiffs Complaint was not specific enough because she did not state an approximate number of overtime hours she allegedly worked without receiving overtime compensation. While this decision does not immediately affect Texans who have overtime claims, in the future there could be similar decisions in the Fifth Circuit that might directly affect a claim you have.
The attorneys at Ross Law Group are experienced overtime law enforcers who can represent you in your lawsuit under the FLSA and help avoid these pitfalls. Daniel B. Ross has brought together an exceptional team of overtime lawyers, investigators, and paralegals to help you with your claim. For help with your overtime law questions, call Ross Law Group today at 512-474-7677.