Common Misconceptions About Filing Unpaid Overtime Claims

Posted on behalf of Peter T. Nicholl in Unpaid Overtime Apr 22, 2022

clock with overtime on block lettersPeople have many misconceptions about filing claims to attempt to recover compensation for unpaid overtime. Unfortunately, these misconceptions often cause people to think their rights have not been violated. Victims of wage theft often think they do not have a case, so there is no point in discussing things with a lawyer.

Below, we discuss some common misconceptions employees have about filing unpaid overtime claims. If you are unsure if you may have a case, our firm offers a free consultation to discuss the situation. There is no obligation to hire our firm after this meeting if we validate your claim. That means discussing the situation with one of our experienced lawyers is risk-free.

‘I Did Not Keep Records of My Overtime Hours’

Many employees are hesitant to file unpaid overtime claims because they do not have proof that they worked overtime hours. They may have a good idea about the number of overtime hours they worked but they never wrote it down. Even if they wrote it down, they may think there is no way to prove they worked overtime hours.

However, your employer is required to maintain accurate time records. If a dispute comes up about the hours you worked, your reasonable recollection of the hours you worked should be enough to validate a claim.

Many employers should have records of the hours you were logged onto your computer. This could be used to help prove you were working overtime hours. Our attorneys would likely be able to obtain this information during discovery.

‘Managers Are Exempt From Overtime Law’

Some managers are exempt from overtime law and others may not be. You are not exempted from overtime laws purely because of your job title. Overtime exemptions are based on the work an employee does and the supervisory authority that employee has. Unless your position fits the criteria for one of the overtime exemptions, you are likely owed overtime pay for the hours you work over 40 in a week.

Sometimes employers misclassify workers as exempt even though they are not. Employers have an interest in misclassifying workers as overtime exempt to save themselves money.

If you think you are being treated as a regular employee in terms of your duties, how you are supervised, and the authority you have, you may be owed overtime pay.

‘I am Paid on Salary, so I am Exempt From Overtime’

It depends on how much you are paid. Some overtime exemptions list a specific amount the employee must make per week in salary to be exempt from overtime requirements.

However, there are other criteria for overtime exemptions. Being paid on salary is just one criteria for some overtime exemptions.

‘Filing a Claim Will Not Affect the Company That Much’

Sometimes people are motivated to take legal action if they feel it will help others, along with themselves. However, some people may think employers are not that concerned about getting sued for wage theft.

They may know or have heard about other workers who were denied overtime pay over a long period of time. Employees may ask themselves, how concerned could employers be if wage theft seems to be so widespread?

However, wage theft can be quite costly for employers when employees take legal action. You can pursue the wages you were denied, along with liquidated damages. If your claim is successful, the employer will have to pay your legal costs.

If you can join with other employees in an unpaid overtime class action, wage theft can become extremely costly for the employer.

‘Independent Contractors are Not Eligible for Overtime Pay’

You may not be an independent contractor. It depends on the amount of control an employer has over your work and how you do it. Independent contractors are much cheaper than employees.

Contact The Law Offices of Peter T. Nicholl Today

Have you been denied the overtime wages you are owed?

Our experienced Maryland unpaid overtime lawyers are available to answer your questions and discuss potential legal options. We have helped many employees secure overtime pay they were illegally denied. An initial consultation is free, and you are under no obligation to hire our firm after this meeting.

Contact us today to learn more. Call 410-244-7005

Contact our personal injury lawyers for a free consultation if you have been injured by another’s negligence. You may be entitled to compensation.



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