Overtime Damages Can Include Back Pay, Attorneys' Fees

If an employer violates the Fair Labor Standards Act (FLSA) or state labor laws and is successfully sued by an employee, the employee may be entitled to damages as a result. These damages can include back pay, attorneys’ fees, liquidated damages, and sometimes punitive damages. The Fair Labor Standards Act permits employees in most cases to recover lost wages for up to two years before the filing of the lawsuit and until the case is resolved. 

According to the FLSA, employees are entitled to the difference between what they were actually paid and the amount they should have been properly paid. Liquidated damages (double damages) are awarded instead of interest, and may equal the same amount as the amount awarded in back pay. For example, if an employee is awarded $5,000 in back pay, he or she may also receive up to another $5,000 in liquidated wages, bringing the total to $10,000. State laws may provide even larger damages, as some states also allow penalties for late payments. If the company can show they unknowingly violated overtime law, liquidated damages may not be awarded. On the other hand, punitive damages can be rewarded if an employee proves that an employer discriminated or retaliated against them for filing a claim.

There are various ways that employees are unjustly withheld pay and benefits from employers. The FLSA sets standards that most employers must abide by, including a $7.25 hourly minimum wage, time-and-a-half overtime, and regulations on child labor and hours worked. To see if your employer is following the relevant regulations, view the FLSA reference guide and state labor laws. In addition, to determine whether you have been correctly paid for overtime by your employer, use the valuable overtime calculator tool. 

If you believe that you have been unfairly treated by your employer and are owed damages for unpaid wages or overtime, contact an experienced overtime lawyer to see if you are eligible to recover back pay, attorneys’ fees, liquidated damages, and punitive damages. A knowledgeable overtime attorney will fight to protect your rights and recover the maximum damages possible.