<%@LANGUAGE="VBSCRIPT" CODEPAGE="1252"%> Northwest WageLaw, LLC

Northwest WageLaw, LLC

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If you have worked “overtime” hours in the last two years in Oregon, three years in the State of Washington and you were either not paid for these hours or were not paid at least 1and ½ times your regular rate of pay for those hours, then you are probably entitled to sue your employer to recover the unpaid wages. If so, then you are probably also entitled to recover additional amounts of damages along with the costs of litigation and attorney fees.

 

If you believe that you have worked hours over 40 in a week for which you have not been paid or paid at a rate less than 1½ times your regular rate of pay, then you should fill out the form on this website. Someone from Northwest WageLaw will contact you soon to discuss your case.

Working more than 40 hours can happen in several ways. The most common way is for the employer to pressure the employee to work early or late in order to “get the work done” or to do “whatever it takes” to finish the work. If the employee challenges this demand, the employer’s response is usually along the lines of, “If you don’t want this job, I can find someone who does.” By threatening an employee’s job, employers coerce employees into working hours for which they are not paid.

 

For years, employees who have not been paid all their wages as required by law have turned to lawyers like Northwest WageLaw, LLC to get their pay and to send a message to abusive employers that the employees will not be trodden upon but will stand up for their rights and bring the employers to account.

 

In both Federal and State law, when an employee works more than 40 hours in a work week, all time over 40 hours must be paid at a rate higher than the employee’s regular rate of pay. The rate for this time is called the “overtime rate.” Contrary to common notions of overtime, the term overtime applies to the increased rate of pay, not the additional hours. The additional hours would have to paid at the employees agreed regular rate under any circumstances. The amount of pay over the amount that would otherwise be calculated using the regular rate of pay is called “overtime” pay. Federal and State law both provide that the overtime rate can not be less than 1 and ½ times the regular rate of pay. This increased rate is sometimes known as “time and a half.”

 

Federal law (the Fair Labor Standards Act) and the laws of both Oregon and Washington provide that an employee may sue to recover any unpaid overtime pay. If the employee recovers any such pay, the employee is also entitled to recover an additional amount: in Oregon, this amount is a “penalty” of 30 days of regular wages; in Washington State courts, this amount is an amount equal to the amount recovered and is called “liquidated damages.” The winning employee is also entitled to recover the costs of litigation and reasonable attorney fees. In some uncommon instances, if the employee loses, the court may, but is not required to, award costs and attorney fees to the employer. Courts generally decline to award attorney fees to employers unless the employee has sued in bad faith, that is, when the employee does not have a supportable claim for wages. In any event, always consult an attorney before deciding whether to sue for overtime alone.

 

NEWS

 
Northwest WageLaw, LLC
9220 SW Barbur Blvd
Suite 119-312
Portland OR 97219-5428
Telephone: (503) 295-0431
Fax: (503) 265-8244

EMAIL: Information@NorthwestWageLaw.com

 

Disclaimer: The information provided in this website is for general information purposes only. Nothing in this website consitutes legal advice or opinion. DO NOT act upon this information without first consulting an attorney. No attorney-client relationship is formed by visiting this website and until agreed to in writing. By using this site, you agree that you have read this disclaimer and agree its terms of use.