The only time an employer can avoid paying overtime is when the employee is considered “exempt” under the federal and state laws. Exempt employees are generally management employees or members of certain learned professions like doctors, lawyers, etc. The important thing to remember is that job duties determine whether an employee is exempt from overtime. An employer can’t simply designate someone exempt by choice.
Often, an employee has worked for years before finally realizing that he/she should have been paid overtime all along. Most of the time, the employee has no solid record of the hours worked. This is generally not an issue because the employer is required to keep records of hours worked by employees, so the responsibility falls on the employer. An employee need only provide a good faith estimate based on a reasonable calculation.
Courts routinely order employers to retroactively pay overtime for the last 24 months of work, plus twice that amount as a penalty. This means that you could collect three times what you should have been paid in the first place. On top of that, attorney’s fees can be awarded by the court which your employer would also have to pay.
If you feel that you’re owed overtime, or any unpaid wages, contact The Law Office of Cliff Dean Schneider to discuss the situation. The initial consultation is always free, and most wage and hour cases are handled at no cost to the client, win or lose.