Last year, a federal judge in Texas invalidated the Obama Administration’s overtime rule, which would have raised the threshold for which salaried employees were entitled to overtime pay. The overtime pay rule would have made the threshold $47,476. This would have given 4.2 million more workers overtime protections to ensure they were being paid the money they deserve by their employers. The current threshold is only $23,660.
While the Department of Labor can appeal the ruling, there is a new administration so nobody is really sure if Alexander Acosta, the current Labor Secretary, will take the necessary steps to appeal the case. He has said that he does not like the rule and would like the opportunity to reconsider it. We will have to wait and see what Alexander Acosta does as the clock is ticking on when he can actually appeal.
What Should You Do If You Think You Have an Overtime Pay Case?
However, this is not to say that there aren’t any overtime pay rules in the books right now. Even if Acosta decides to not pursue an appeal, you do have rights as an employee. In the event that you do believe that you’re being taken advantage of, your first step should be to contact overtime lawyers. Your overtime lawyers will review your case with you and determine whether or not any overtime pay laws have been violated. There are so many overtime pay laws out there and many are complex, so it may take time.
To make it easier for yourself and your overtime layers you should have as much evidence as possible to present them during the consultation. This will expedite the process and allow your overtime lawyers to accurately calculate what is owed to you. Some of the things you should be able to provide your overtime lawyers include the following:
- Pay stubs
- Documents showing hours worked
- Records of accrued vacation time
- Calendars or other documents showing missed breaks
- Names of supervisors and other employees who may have been denied overtime pay
- Employers’ official policy on overtime pay
Your overtime lawyers will likely be very busy, so they will only take your case if they can prove a violation and calculate how much a party is owed. If the overtime pay is low, they may recommend you try other options as litigation can be expensive. Sometimes a case is not financially worthwhile. However, the best way to determine whether or not you might have a case is by contacting overtime lawyers in your area and providing them with the evidence.