If you are a Charleston employee who was not paid for working overtime, you may be able to file a Charleston unpaid overtime pay lawsuit. These lawsuits demand that the employer, either past or present, pay the employee back unpaid wages for overtime hours that were worked but not paid. Unpaid overtime lawsuits also seek payment of the attorney’s fees and expenses incurred in pursuing legal action.
Overtime is the amount of time an employee works beyond normal working hours. The Fair Labor Standards Act (FLSA) establishes a standard work week of no more than 40 hours per week for most employees. The federal law requires payment for time worked beyond 40 hours a week at a rate of no less than one and one-half times their regular rate of pay. Most workers, included many salaried workers, are eligible to receive paid overtime.
Employers who violate overtime pay laws can be sued by the employee for the unpaid time. Many of these cases are filed as class action lawsuits by a large number of employees against the same employer. An employer cannot retaliate an employee, like firing or disciplining the worker, if the employee files a lawsuit for unpaid wages. If there is retaliation, the employer may face additional charges in a civil lawsuit for wrongful termination.
Charleston Overtime Pay Lawsuit News
Related Charleston Overtime Pay Lawsuit News
West Virginia K9 Officer Sues City Over Unpaid Overtime and Retaliation Under FLSA
Charleston– A former police officer with the Martinsburg, West Virginia police department recently filed an unpaid overtime lawsuit against the city claiming he is owed years of unpaid wages for his work in a K9 unit assigned to him.
Former Exotic Dancers Go to Mediation with Defendant Over Unpaid Overtime Lawsuit
CHARLESTON — A federal judge hearing an unpaid overtime lawsuit brought by two former exotic dancers recently entered a stay in the case to allow the two sides to enter mediation in an attempt to resolve the claim.
West Virginia Police Department Files Response to Officers’ Unpaid Overtime Lawsuit
CHARLESTON — The city of Williamson, West Virginia recently filed its response to an unpaid overtime lawsuit brought by several officers claiming the defendant altered its pay schedule to reduce regular and overtime wages in violation of the West Virginia Wage Payment and Collection Act (WPCA).
Questions and Answers About The New Overtime Pay Rules
Check out our Final Rule illustration, and be sure to share the infographic with colleagues and employers who may be subjected to the new overtime pay laws.
Disability Center Overtime Pay Lawsuit
ELKINS, W.Va. — RSCR West Virginia Inc., also known as Community Alternatives West Virginia, is facing an overtime lawsuit brought by the U.S. Department of Labor (DOL) on behalf of its therapeutic consultants and service coordinators. The DOL filed its claim in West Virginia federal court, alleging RSCR failed to pay its employees overtime wages […]
Read All Charleston News on Overtime Pay Cases and Settlements
Charleston Overtime Lawsuit Lawyers
Our Charleston overtime lawyers file unpaid overtime lawsuits on behalf of workers who are not paid the legally required wages. Under the Fair Labor Standards Act (FLSA), a large number of workers who are entitled to overtime pay never receive the wages owed to them under federal or state law. Many times, the company either misclassifies a worker as “exempt,” denies overtime, or falsely informs workers that overtime pay is not required for their position. When an employer denies or refuses to pay overtime wages, it may give rise to an unpaid overtime lawsuit.
Recent data shows that over 50,000 people live in the city of Charleston and the population is still growing. Charleston is the most populated city in the state of West Virginia.
The major economic sectors include government, medical, education, manufacturing, and retail. The unemployment rate is 4.2%.
The Charleston area has a very diverse workforce including government employees, service employees, healthcare workers, teachers, administrators, and faculty, and a wide range of other industries. The largest employers in the Charleston area are:
- Local Government
- State Government
- Charleston Area Medical Center
- Kanawha County Schools
- Federal Government
- Thomas Memorial Hospital
- Toyota Motor Manufacturing
- Verizon
- Wells Fargo
- Walker Machinery Company
The success of Charleston is largely based upon its dedicated and ambitious workforce. Many employees work in excess of 40 hours per week at their jobs, either voluntarily or at the request of their employer. In many circumstances, the employee is not receiving federal and state mandated overtime pay.
Under the Fair Labor Standards Act (FLSA), “covered” employees are entitled to overtime pay at 1.5 times the regular pay rate. Other jobs and occupations are considered exempt, which means that the employer is not required to provide overtime pay. Some employers “misclassify” the job as an attempt to avoid paying overtime wages, however, this is an unlawful and deceptive practice and violates federal law. There are also West Virginia overtime pay laws in addition to federal regulations.
Filing a Charleston Overtime Lawsuit
An experienced unpaid overtime attorney can determine whether you are entitled to overtime pay and whether you are eligible to file a lawsuit for unpaid wages. These cases seek to force the employer, either past or present, to pay the employee the back unpaid wages for overtime hours that were not paid. West Virginia unpaid overtime lawsuits also seek payment of the attorney’s fees and expenses incurred in pursuing legal action.
Help From a Charleston Overtime Lawyer
Our experienced team of Charleston employment law attorneys will carefully evaluate your work situation and determine if you are owed back overtime pay from your employer. We will advise you of your legal rights and if you do have a case, we will handle your case and charge no legal fees until you receive your settlement. We will also pay all costs and litigations expenses in the case.
To file your Charleston lawsuit, you should contact us now at (855) 263-3525 for a Free, No Obligation Case Review. You can also complete the Free Unpaid Overtime Case Review Box on the right side of this page and an experienced attorney will contact you shortly.
Charleston Legal Resources
- Charleston City Data
- West Virginia Government Website
- Charleston (Kanawha County) Superior Court
- West Virginia Bar Association
- The West Virginia Chamber
We Handle Charleston Overtime Pay Lawsuits for the Following Professions
Nurses, medical professionals, health care workers, caregivers, recruiters, nannies, restaurant workers, chefs, waiters, waitresses, bartenders, truck drivers, roadside assistance workers, call center employees, customer service representatives, telemarketers, IT specialists, investigators, inspectors, delivery drivers, managers, supervisors, salespersons, security guards, factory workers, janitors, mechanics, carpenters, plumbers, electricians, couriers, government employees, police officers, firefighters, EMT, EMS, hotel workers, cashiers, retail store employees, cable installers, bank tellers, construction workers, warehouse employees, investment bankers, forklift operators, and all other professions and occupations
We Handle Charleston Overtime Pay Lawsuits for the Following ZIP codes:
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