Can I sue my employer for unpaid overtime? If you are a non-exempt employee and have
worked over 40 hours in a workweek in the last 3 years, the answer is “yes.”
First, the laws on overtime make it very easy for you
to sue – even if the amount of your recovery is relatively small.
First, you can go back for 3 years.
Second, the law requires your employer to keep
accurate records about your work. If you
employer did not keep accurate records, your own record or recollection may be
used to calculate your overtime.
Third, you will normally receive double the amount of
your overtime claim.
Lastly, you pay nothing. The law requires the employer to pay your costs
and attorney’s fees.
