I would work a hundred hours and get paid straight time at a hundred hours instead of making overtime after 80...let's say I was owed $3000..can I get more than 3000 dollars that I would actually get myself.
If you succeed in proving that your employer was required but failed to pay you overtime the court will award you the backpay that you should have made, plus liquidated damages that equal the back pay. Thus you would receive twice as much as the employer failed to pay you. Additionally, you can collect prejudgment interest.
The court can award damages going back as far as three years before the date the suit is filed. Thus if you worked there for a while, you will want to file suit as quickly as possible.
The key is in determining whether your employer is covered by the law (does it do a gross amount of at least $500,000?), and whether you are exempt. There are over 300 exemptions, but the largest number fall within the "white collar exemptions" for professional, executive and administrative employees. Each of these positions has a precise definintion. The employee must meet every part of the definition for the exemption to apply.
Since the court will award a successful plaintiff his/her attorney fees and costs, our firm does not require the employee to pay our fees or expenses. We collect them from the employer.
Michael A. Caldwell
404-979-3154
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