Unpaid Overtime Claims in Wisconsin

Unpaid Overtime Claims in Wisconsin

wisconsin overtime lawyerUnpaid overtime laws in Wisconsin are generally the same as embodied in the Fair Labor Standards Act (FLSA) with a few exceptions. If you are not exempt under either Wisconsin state law or the FLSA and you have unpaid overtime that you would like to claim through litigation, it may be an advantage to know which laws are likely to apply in your particular case.

Wisconsin overtime law allows a claimant to go back two years for any unpaid overtime, while under the FLSA, you can claim up to 3 years in unpaid wages if it can be proven that your employer knew you were being underpaid and intentionally allowed it.

Timing is also a major factor when claiming unpaid overtime in Wisconsin. If the case is filed with the Department of Workforce Development (DWD) and the DWD has the result of the investigation ready before your lawyer files in court, your employer may be liable for the same amount as your claim as a penalty, while if the lawyer bypasses the DWD and files directly in court or before the DWD completes its investigation, your employer will face less serious penalties.

It should be noted that in Wisconsin, there are exemptions to overtime pay that are not in the FLSA. Even if you are exempt under Wisconsin law, you may still file a claim under the FLSA. For example, if you are a movie theater employee, which is an exempt category under Wisconsin law, you can still claim for unpaid overtime under the FLSA, which does not include movie theater employees in the exemption list.

The process of filing a complaint and obtaining unpaid overtime wages is a complex one, and it is always best to get legal advice with a Wisconsin overtime lawyer before filing a case before either the state or federal court. It is possible file in both courts at the same time, and your overtime claims lawyer will know which parts of the law should be cited to your best advantage.