If my former employer owes me overtime, can I take legal action?

UPDATED: Dec 8, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 8, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my former employer owes me overtime, can I take legal action?

I completed a 7 week assignment through a staffing company. During those 7 weeks, I filled out my timesheets through the website. The last 2 days of the assignment overtime was offered to all of the employees. Even though I worked 43 hours and 36 minutes, that last week, I mistakenly put in 39.75, so I got paid for that amount. I have sent several e-mails to my staffing company and I even tried contacting the actual company I was working for but I have received no response. It has been 2 weeks.

Asked on December 8, 2011 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you actually worked overtime, you should be paid overtime. It's probably not worth taking legal action, however:

1) It may be difficult to prove you worked the extra hours, when you yourself put in the number your pay was  based on--the presumption will be that number was correct, so you likely need more than your bare testimony to the contrary to prove the extra time.

2) You can only recover the actual amount of the underpayment when there was no misconduct by the employer--which there seems to not be, since they used your numbers. It is hard to imagine it is worthwhile suing for 0.25 hours at your regular rate and 3.6 hours at time-and-a-half.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption