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After 26 yrs I was off. I am 68 yrs old sued and won

Customer Question
After 26 yrs I...

After 26 yrs I was laid off. I am 68 yrs old sued and won $5000.00 for description. My question is I was cleaning and found our old manual which stated that any time over 40 hours and any hours over 8 hours should be paid at time and half. Is there anyway I could take them back to court

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

A lawyer. I also have Parkinson's disease

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No Union I'm not sure what at will means

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/31/2018
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,288
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for your patience. The answer to your question is yes.

Generally, an employer must pay their employee at least a minimum wage, the wage agreed upon in their employment agreement, and overtime wages, if the rules regarding overtime apply to the employee.

When it comes to overtime, the U.S. Department of Labor says that, “Unless exempt, employees covered by the [Fair Labor Standards] Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The term “workweek” depends on what the first day of the week is for your employer. For example, most work weeks start Sunday at 12:00am and end that following Saturday at 11:59pm. If at any time that employee works over 40 hours, and they are not exempt, they are owed overtime wages. Some states don’t set their own rules regarding overtime and others do. To check on your specific state, you’ll want to click here. In your case, if you believe that that you have a legitimate claim to over time, you can actually just click here and follow the rules on how to file a complaint.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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