Unpaid Overtime and FLSA Misclassification Claims

Wage and hour laws are in place to protect the rights of employees and ensure that they are properly compensated for their work. Despite Congress passing the Fair Labor Standards Act back in 1938, overtime claims remain one of the most commonly litigated areas of employment law in Virginia, as employers – sometimes by accident and sometimes intentionally – continue to violate the FLSA. 

Virginia Beach Overtime Lawyers

Frequently, employers will fail to pay overtime to large groups of employees who are entitled to overtime compensation. Sometimes employers do this intentionally, such as by refusing to pay workers for time worked at the beginning and end of their shift. Other times, employers will mistakenly categorize an employee or group of employees as “exempt”, meaning that the employee is paid a salary and does not earn overtime pay. Whether the employer’s decision not to pay overtime is intentional or based on a mistaken belief about the law, you are entitled to overtime pay under the law. And in most cases, the employer will be required to pay you double what it owes you in overtime pay, called “liquidated damages” under the FLSA.

Exempt vs. Non-Exempt Employees

The Fair Labor Standards Act (FLSA) requires companies to pay employees overtime wages for any time worked in excess of 40 hours in a week. However, certain types of employees are exempt from these rules, and the line between an exempt and a non-exempt employee is not always clear. Executives, professionals, and managers, for example, are typically “exempt” from overtime pay under the law. However, some companies push the envelope on these categories, and will classify certain employees as “managers” despite the fact that their primary job duties are not managerial in nature. Whether you have been misclassified as “exempt”, or are not being paid overtime for work you have performed, our attorneys can assist you and any others affected by your employer’s actions

Contact Ervin Jewett, P.C.

Call 757-624-9323 or complete our online contact form to discuss your claim.


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