Thanks to various employment laws in the United States, employers cannot retaliate or fire employees when they exercise their legal rights codified in this legislation. Employees who ask to be paid for their overtime work and then experience some form of backlash from their employer may have a potential legal claim. Learn more about retaliation or wrongful termination for asking for paid overtime and explore how Hall & Lampros, LLP, a firm that has recovered $400 million in settlements and verdicts for their clients, can help with your employment law issues by calling 404-876-8100.
Wrongful Termination and Paid Overtime Explained
The Department of Labor states that when an employer demands or assigns overtime work, they usually must pay a premium for completing this additional workload. One of the main pieces of legislation covering overtime pay is the Fair Labor Standards Act (FLSA), which states that company employees covered by this law must get at least one and a half times their standard pay rate for any hours worked over 40 per week. Additionally, employers must make these payments in line with the regular payroll period, meaning if the company pays weekly, they must pay overtime weekly.
According to the United States Government, the term “wrongful termination” refers to illegally firing an employee. Examples of when a termination might fall under this definition include:
- Firing because of discrimination
- A dismissal that violates state or federal labor laws
- Firing an employee for reporting and refusing to participate in an unsafe or illegal action, or harassment
- A termination that fails to follow the organization’s established termination policies
What Is the Civil Penalty for Purposely Failing To Pay an Employee Overtime Pay in United States Federal Law?
When an employer deliberately fails to pay their employees for the overtime pay they owe, the company can expect to receive a maximum civil penalty of $1,000 per violation. In terms of criminal penalties, employers that willfully violate the FLSA may face prosecution and a maximum fine of $10,000. If the employer receives two convictions, this could result in prison time.Gain a more enhanced understanding of wrongful termination for asking for paid overtime and see how a Georgia employment law attorney can assist with this legal issue by arranging a consultation with Hall & Lampros, LLP.
What Is Unauthorized Overtime?
Unauthorized overtime, which employers must still pay to comply with the FLSA, takes place when an employee, who is not exempt from the FLSA, works over 40 hours in a week without requesting overtime or getting a manager’s consent beforehand. Examples of this type of overtime include the following:
- An individual voluntarily stays at work after their shift ends to complete a work-related task
- A person who continues to check and respond to emails remotely after finishing their shift
- Employees who opt to complete work during their unpaid breaks
What Is Subtle Retaliation?
Also known as indirect retaliation, “subtle retaliation” refers to a reprisal from an employer that is challenging to prove. Sometimes, the employee may not be aware that this type of retaliation is occurring. An example could be excluding an employee from meetings they previously attended.
Conversely, direct retaliation typically entails some form of punishment that is easier to prove, and the employee is more likely to know this is happening. Examples of direct retaliation for complaining against another employee or manager are:
- Pay cut or demotion
- Dismissal
- Bullying
- Harassment
- Loss of benefits
Can You Be Fired for Working Too Much Overtime?
Employers cannot retaliate against their workers for requesting overtime pay or other owed compensation. This encompasses actions that negatively impact the employee’s work conditions, including termination. However, if the employee is working unauthorized overtime, they can be disciplined for doing so, including by termination.
However, many employees sign at-will employment agreements at the start of their company tenure that allow employers to terminate workers for almost any reason that is not expressly prohibited by law, such as discrimination. In light of this, to bring a claim, it might be necessary for the employee to prove that the company’s stated reason for firing them is false and that it is a wrongful termination because the employer retaliated against the worker’s request for paid overtime.
Contact a Georgia Employment Law Attorney Today
Essentially, employers must not treat their employees differently when they ask for overtime pay. If a court finds that an employer has retaliated and/or wrongfully terminated an employee as a result of a paid overtime request, the court may order the employer to pay damages. Consider contacting a seasoned Atlanta employment law lawyer from Hall & Lampros, LLP, learn more about the firm online, and discover how they can help with legal claims related to wrongful termination for asking for paid overtime by phoning 404-876-8100.
ES