DELAWARE WAGE & HOUR OVERTIME CLAIMS
With some exceptions, if you work overtime, you’re entitled to overtime pay. Employees must be especially vigilant regarding your rights as to overtime wages and the denial of minimum wage. In addition, almost all employees are entitled to a minimum wage.
The burden is on your employer (or former employer) to demonstrate that you are exempt from overtime pay and/or did not work any overtime hours. Remember working through lunch counts as hours worked.
Both the Fair Labor Standards Act (“FLSA”) and Delaware's Wage Payment and Collection Act (“WPCA”) protect workers from unscrupulous or ignorant employers.
You cannot simply assume that you are exempt from the law because your company told you so or because you are paid by salary. Exemptions under the law are few and far between and almost all employers are covered by FLSA’s requirements.
Get a free and confidential overtime pay evaluation from my office. If you believe that you and/or some of your co-workers have been denied either unpaid overtime or minimum wage, or if you simply want to have peace of mind by asking some questions on employment issues - it is imperative that you schedule a free and confidential consultation with me today.
Simply put, if your employer is wrongfully denying you overtime pay then the FLSA allows for double damages for the amount of unpaid overtime, possible reinstatement, a high likelihood that your employer pays all of your attorney fees and costs, and most importantly- your employer cannot retaliate against your for raising a claim- even if you claim is mistaken. If your employer does, then the employer would be liable for retaliation and could possibly face punitive damages in addition to compensatory damages.
Do not hesitate, there is a strict statute of limitations regarding FLSA claims and waiting on your rights may distinguish them. Get peace of mind, complete our online intake form, and then we will schedule you for a free consultation after reviewing your intake form.