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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118780
Experience:  20+ Years of Employment Law Experience
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What are the actions I need to take for my employer who

Customer Question

What are the actions I need to take for my employer who refuses me overtime for hours worked?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the WI Wage Act and the Federal Fair Labor Standards Act, if you are an HOURLY EMPLOYEE and not a salary employee, you are entitled to pay for every hour worked and time and one half for any time worked over 40 in a week. So, if you are an hourly employee and are not being paid for overtime, you can sue the employer in court for the wages due and an amount equal to that money for liquidated damages. If you prove that they are willfully and maliciously not paying overtime, then you can seek the wages due, plus 2 times the wages due as damages, plus your attorney's fees. As an alternative, you can file a complaint with the US Department of Labor Wage and Hour Division for the overtime due plus the damages of 1-2 times that money due and they will pursue the claim against him.
If you are a salary employee, then the employer does not have to pay overtime, since a salary employee gets their salary regardless of how many hours they are required to work and no overtime pay for those hours. That would be in accordance with the Fair Labor Standards Act and the WI Wage laws.
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