Can an employee file a lawsuit against an employer for not paying her overtime? 4 Answers as of August 03, 2011

The employer has a written contract spelling out the overtime pay she should receive, the health insurance she should have received, and mileage on her car she was supposed to have been paid for. She was recently laid off and they refuse to compensate her for these items. Should she file a lawsuit?

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Thomas Humphrey, Attorney at Law
Thomas Humphrey, Attorney at Law | Thomas Humphrey
If there is a written contract setting for the basis for overtime, you would have a cause of action if that contract is breached. Also, state laws require the payment of overtime and you can file a complaint with your state dept. of labor.
Answer Applies to: Idaho
Replied: 8/3/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
First, contact the federal EEOC and/or your State's labor agency for a response to your inquiries.
Answer Applies to: Indiana
Replied: 8/3/2011
Law Office of Eli M. Kantor
Law Office of Eli M. Kantor | Eli Kantor
Yes. Even without a written contract, if she is a non-exempt employee she is entitled to receive overtime compensation at time and one half her regular rate of pay for all works in excess of 8 in a day or 40 in a week.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Tadd Dietz, PLLC
Law Office of Tadd Dietz, PLLC | Tadd Dietz
An employee may have rights to file a lawsuit suit seeking overtime compensation under the Fair Labor Standards Act (FLSA). The FLSA requires covered employers to pay non-exempt employees a overtime rate of one and a half times an employees regular rate of pay for all hours worked over 40 in a work week. However, there are some employment positions that are considered exempt, and employees in such exempt positions are not entitled to overtime compensation. If your seeking legal advice regarding the specifics of your case consult an attorney.
Answer Applies to: Utah
Replied: 8/3/2011
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