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Is Legal Recourse an Option if an Employee in Louisiana is Not Paid for the Overtime They Worked?


— November 3, 2021

If the case is brought to court, an attorney can request that their client is not only provided with the compensation they are entitled to but also any damages they suffered.


It may be, although it does depend on whether they are exempt from receiving overtime pay. 

When an employee works more than 40 hours in a workweek, their employer is generally required to compensate them at a higher rate for the extra hours they work. This is referred to as overtime pay. Overtime pay must be at least one and half times the employee’s pay rate and paid to an employee for any hours they work that exceed 40.1

For instance, if an employee’s pay rate is $35 an hour and they work 45 hours in a workweek, their employer should pay them their regular rate of pay for the first 40 hours and overtime for the five additional hours they worked. The overtime rate of pay for someone making $35 an hour is $52.50.

When an employee in Louisiana is not compensated for the overtime they work

If an employee is not properly compensated for the overtime they worked, they will want to bring this to their employer’s attention so he/she is given the opportunity to correct the issue. Should the employer delay paying the employee the compensation they are entitled to or claim they don’t qualify for overtime pay, they can always contact their human resources department or a Louisiana employment law attorney.

An employment law lawyer won’t give an employee the run around regarding whether they should be compensated at a higher rate of pay for the overtime they worked. Instead, they will get right to the point and decide whether their employer mishandled their paycheck.

What options does an employee in Louisiana have if their employer refuses to pay them overtime?

An employee can have an employment law attorney in Louisiana contact their employer if they are refusing to pay them overtime. If an attorney is unsuccessful at getting the matter resolved privately, they can always take the case to court.

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If the case is brought to court, an attorney can request that their client is not only provided with the compensation they are entitled to but also any damages they suffered. For instance, if the underpayment caused them to experience a reduction in their credit score or incur hefty fees, they can request that their employer provide them with the funds they earned along with compensation to make up for their losses.

Connect with a reputable employment law firm in Louisiana

If an individual was not paid for the overtime they worked, they can call or text Miller, Hampton & Hilgendorf at 225-343-2205. A Louisiana employment law lawyer will help them understand their legal rights and the options that are available to them.

Source:

  1. https://www.dol.gov/general/topic/workhours/overtime 

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