How To Fight For Achieving Unpaid Overtime Wages?

September 22, 2016 Legal

In every state, an employ will work based on the designated hours and if the work hours exceed than the normal they will come under overtime. Generally, the overtime pay will be more than the regular hourly pay of the employ. Overtime comes under the labor law and a company creates policies for it with the help of employment lawyers Toronto. In general, the payment is 1½ times more than the regular pay and the employ should have worked a minimum of 40 hours in a particular week.

How To Fight For Achieving Unpaid Overtime Wages?

Despite all the laws and regulations there are many companies across the region that twist their policies and try to extract more hours from the employs. The major concern to the legal department and expert lawyers like De Bousquet Toronto is the presence of employ categorization. There are two types of employs – exempt and non-exempt. The former employs are not considered to get overtime even if they work for more hours than usual. The latter employs are those who can get payment for the additional work they have done. Some of the exempt categories are computer employs, administrative staff, executive staff, etc. If an individual falls under these categories then he/she cannot argue about getting additional payment.

Where to Complain?

In case an employ feels that the company is employing unfair means to suppress the payment, they can approach the Board for Labor and lodge a complaint. It is advised to meet an employment lawyer from Toronto employment law firm before filing a case. This is essential because the lawyers will study the company policies and suggest the right way to complain.

The Labor Board is a national department and would have local offices in every region. The individual should know the contact details of the office and meet them personally. As an alternative, the complaint can be sent through online forms, fax or email. The complaint should be formal and explain the situation in a detailed manner. One can take the help of employment lawyers Toronto, as mentioned before, to make the complaint more formal and precise. Further, the lawyers will suggest the use of certain legal terms to make sure the Board knows that the complaint has been lodged with full knowledge. This gives an edge for the individual and they will start a full investigation on the matter.

The Court

If the Board decides not to take up the investigation, then the employ can sue the company in the court. The declination of investigation does not occur unless there is a misplaced document or vital proof. However, one can carefully produce all these in the court with the assistance of a lawyer belonging to Toronto employment law firm and get an assured investigation.

Once a petition is filed, the judge will look at all the possible aspects and will order the company to respond immediately to the claim of the employ. Further, the company policies will also be thoroughly checked and if they seem to contradict the normal labor law, immediate compensation will be declared to the employ. There are even chances that the individual might retain the job without the company showing any discrimination.