What can I do to get paid by my employer?

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What can I do to get paid by my employer?

Asked on March 16, 2012 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are not exempt from overtime (and note: essentially no hourly employees are exempt--that is, if you are paid  on an hourly basis, you almost certainly are eligible for overtime under the Fair Labor Standards Act, or FLSA), your employer must pay you overtime. If the employer does not, you have two options:

1) file a complaint with the state Department of Labor;or

2) bring a lawsuit.

The first option is less expensive, but less certain--you don't have an advocate (a lawyer) who is working for directly for you to make sure your interests are advanced. Since many or most attorneys provide a free initial consultation to evaluate whether they should represent you, you may wish to speak with an employment law attorney before deciding what to do.

If you want to see who is--and is not--exempt from overtime, go to the U.S. Department of Labor website and look under wages and hours.


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