Unpaid Wages For Overtime Lawsuits And Loans Information
When wages such as overtime are unpaid, it may be necessary to go to court or litigation to get them paid which is a lengthy process. In such a case, a lawsuit loan may be needed. Here, cases are usually really clear: the employee has worked overtime hours and was not paid for this. It can lead to an easy litigation case or court case if the employer doesn’t simply fix the issue when it is brought to their attention. If they refuse to fix it on their own, it can lead to more expenses for them through a court or litigation case. Getting such a case off of the ground is not all that difficult with the help of a lawyer.
What Is Considered Unpaid Wages In Regards To Overtime?
Unpaid wages include unpaid working hours or wages that have yet to be paid. When it comes to overtime, it’s simply time worked in addition to one’s usual working hours (which, in this case, is unpaid). It can also be a bit more complex as there are different rates for overtime and if those are not met fully, the overtime can be considered unpaid.
What Is Overtime?
Overtime is defined as time worked over the regular scheduled time. Overtime can come into play when a person works more than their normal daily shift, anything over 8 hours in one day for most full-time employees. This can also be calculated based on a full work week, for example when a normal full-time workweek is 40 hours, any additional hour that is worked is considered overtime.
Overtime is also a term used to refer to the pay for this extra worked time which is normally time and a half for each hour, or partial hour, of additional hours worked. For example, when a worker does 40 hours at $10 per hour, their weekly pay before taxes and deductions should be $400. When an hour of overtime is added at time and a half, so $15, their week’s pay before taxes and deduction should be $415.
Issues arise when employees don’t receive pay for overtime they worked. Each country or state can have their own laws regarding this, but in general, overtime is paid at a higher rate than regular hours worked.
Why Choose Delta Settlement Funding?
Relatively Low Risk
If you don’t win a successful judgement in court, you don’t need to pay us back – it’s as simple as that. No initial fees, recurring costs, or invasive credit checks. At Delta Settlement Funding, you only pay us back if you win.
Simple & Quick Response
You can get the financing you need in as little as 24 to 48 hours if your case is approved. After you fill out our questionnaire and hit “submit”, our team and your lawyer do the rest of the work to see if your lawsuit qualifies!
Competitive Interest Rates
Delta Settlement Funding is one of the best lawsuit loan companies in the country providing low-interest rates, no initial costs, or other hidden fees in the fine print. If you get approved with us, you can have your lawsuit loan in less than a day.
What Delta Settlement Funding Customers Are Saying
Trust the company that has brought over $20 million dollars in financing to thousands of injury plaintiffs all across America!
How You Can Receive Your Lawsuit Loan
- You Complete An Application
- Fill out our online application or call our toll-free number to speak with a client care technician.
- We Evaluate Your Application
- Delta Settlement Funding and your personal Legal Team assess your lawsuit.
- You Receive Funding!
- If your lawsuit qualifies for funding, we’ll transfer you your money in as soon as 24 hours! Get anywhere between $500 to $100,000 in lawsuit financing within 24 hours
How To Know If Your Employer Owes You Overtime?
Nowadays, most employers use electronic means of tracking hours worked and each employee can see their worked hours at the end of the week. This helps avoid clerical errors and overlooking. These software tools are quite reliable and have reduced errors and frequency of situations in companies when overtime is not paid.
Other companies may use paper entries to track worked hours like a punch card or a manual entry form for employees. This means that an error can be made at any time and lead to overlooked overtime hours. This can usually be corrected fairly easily.
Reviewing either of these types of forms will give the employee a chance to get it corrected before payday. The employer may also review these to double-check everything and make sure there are no mistakes.
Of course, some employers use neither of these systems for tracking hours and are more likely to make errors and therefore, skip paying their employees for the work they’ve done. Each employee should, in cases like this, keep track of their hours to make sure they are paid properly.
Unpaid Overtime Cases We Fund
There are plenty of cases possible here and a few of these are:
- Basic overtime that went unpaid
- Breaks and lunchtimes worked unpaid
- Regular unscheduled and unpaid worked hours
- Forced to come in on a day off unpaid
Are Some Employees Not Eligible For Overtime?
The easy answer is unfortunately yes. Usually, salaried employees are expected to balance things out by working less on days they can to balance out the overtime done on other days. Oftentimes, salaried employees do not clock in or out and need to estimate their hours worked to make sure they are not owed overtime at the end of the week. This is something that is a bit dangerous as some employers will take advantage of this and not fully want to balance things out for these employees.
It must be noted that this is something that may change from state to state and may not be legal everywhere, so if an employee believes that money is owed to them for hours worked overtime in a salaried position, they can reach out to an employment lawyer and discuss their situation with them to see what the next step should bet.
An Employer Owes Overtime, Now What?
In any case where an employee feels they have been cheated out of their overtime or have unpaid wages, starting with HR is the first step. After that, talking to a lawyer may be needed to see how you can retrieve these unpaid wages. This can be done as soon as it is discovered that there is a problem or after leaving employment with the defendant.
The Internal Request
The first thing to do is to request that they correct the issue internally. Starting by reviewing the employment contract is always a great idea. Then check how many hours may have been missed in payment over the entire employment period. Taking all of this to the human resources department is the best way to get started with the issue. Giving them a few days to respond is always polite as they will want to take a look at records and see if the number of hours adds up. There may be a process in place to fix this and they may want to get this done, but may not be able to do so immediately. It may have to wait for the next pay period or it may become a separate paycheck to fix the issue. There are many ways to get this paid.
They may also refuse to pay or refuse to acknowledge the issue, at which point a lawyer should be consulted.
They Won’t Correct It Or Don’t Recognize Overtime
When a case is being brought to court or litigation, depending on what the employment contract demands, a plaintiff can file a lawsuit on their own with the help of a lawyer or have other employees to join them in a class-action lawsuit. This could be current employees and/or past employees. There is a high chance that if a company cheated one employee out of their overtime pay, there may be more employees who have seen the same situation. Some of them may even be completely unaware of this which means that anyone seeing their current or past employer being brought to court in a class-action lawsuit for unpaid wages should check their own records to see if they are possibly owed money. They may want to join the class-action lawsuit even if they were not particularly bothered by the missed wages.
A single lawsuit can be a great way to take care of things quickly, but a class-action lawsuit may bring punitive damages on top of the unpaid wages and these damages may be greater if a pattern of abuse can be established. The more people involved on the plaintiff’s side, the better chances that a pattern can be established.
What Kind Of Settlement Can Be Expected?
If the case goes through the HR department, the settlement or payment in this case should be expected to cover all the unpaid or improperly paid hours. Basically, the difference between what was owed and what was already paid. This check can be small or substantial and the payment schedule here may be spread out depending on company policy.
For those going to court, other expenses can be added ton top of the unpaid hours to make a more substantial amount in settlement. If punitive damages are added, those can make for a nice sum in settlement. In the case of a class-action lawsuit, the total of the settlement can become quite large, but the individual check for each member of the plaintiff group can seem smaller. There can also be punitive damages at the class-action lawsuit and these can become larger when it’s discovered and proven that the company had a pattern of not paying overtime correctly. This can make the check grow quite a bit for each member.
The average amount in settlement for a case of unpaid overtime is usually around a total of $4,000 with cases bringing in as little as $50 and some bringing in a lot more.
Getting a loan,in this case, is a great option to get the extra money needed to cover bills and lawsuit costs. A loan should be calculated based on the hours that are owed and not so much on the punitive damages. Calculating the hours to be paid is fairly simple to calculate and the legal funding company should be able to establish a loan amount based on that. The amount you expect to get in your settlement is going to influence the amount of the loan you can receive as it’s usually around 10% of the total amount expected in settlement.
Getting The Money Owed Is The Goal
Whether through the HR department, litigation, or a lawsuit, the goal is to receive fair payment for unpaid wages. There may be punitive damages, but it should not be expected. Building a solid case with all the documentation needed is the safest way to get the most out of a settlement. If a pattern of abuse can be established, the settlement amount may be increased. This can get complicated and once proven, the court may also include legal fees in the settlement.
Many plaintiffs need money to cover various legal fees and other bills as the lawsuit progresses. Applying for a lawsuit loan through a lawsuit funding company is a good way to get that extra money.
Do you have any questions about receiving a lawsuit loan?
Talk to one of our client service technicians by calling us today at (###) ###-### – we’d love to hear from you!