What can we do to get my wife’s past due overtime pay?

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What can we do to get my wife’s past due overtime pay?

On average my wife works between 5 and 12 hours overtime on a pay peirod. Her manager refuses to report her time to the corporate office. We have timecards, work schedules and pay stubs from the past 5 years. By simple math the total is 205 hours of unpaid overtime. What do we need to do to get her reimbursed for her time? There have been 2 times the manager has paid her in cash for a couple hours of overtime, however this was paid at her hourly rate not

time and a half as stated in state labor laws.

Asked on July 21, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file a complaint with the state department of labor--they often investigate such situations and help employees get their unpaid wages or overtime. If the dept. can't help you, you can file a lawsuit for the money. To win, you'd have to prove the hours worked and testify/show (e.g. by paystubs) that you weren't paid the overtime. However, bear in mind that you can only go back 2 years on an overtime claim: that is, the company can only be forced to pay unpaid overtime during the past 2 years.


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