Overtime LawsOvertime Laws

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Under the Fair Labor Standards Act (FLSA), if you are successful in your claim for overtime compensation, you are entitled to back pay for all unpaid overtime compensation beginning two years before the complaint is filed, or three years before the complaint is filed if it is a willful violation.

You are also entitled to an award of liquidated damages, unless your employer can show a good faith defense, such as seeking guidance or an opinion from the Department of Labor or a lawyer. Liquidated damages are an amount equal to your amount of unpaid overtime compensation. For example, if your unpaid overtime compensation is $5,000, then the liquidated damages would be an additional $5,000, for a total of $10,000.

Finally, you are also entitled to your attorneys' fees and the out of pocket expenses related to the litigation of your case.

More Overtime Law Topics

Employees Eligible for Overtime

Myth: Salaried Employees Aren't Entitled to Overtime

Salary Basis Requirement

Executive, Administrative, and Professional Employees

Computer Employees

Outside Sales Employees

Independent Contractor Misclassification

Homecare Workers

Compensable Hours

Working Before and After Your Shift

Working From Home

Meal and Rest Periods

Travel Time

Training and Meetings

Rounding of Start and Stop Times

Calculating Overtime Pay



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