If you believe you’re not being paid fairly for overtime hours at Amazon, you have a right to seek justice and recover the wages you’ve earned. You can protect your pay by filing a complaint about unpaid overtime against Amazon, and our Boston Amazon employment lawsuit lawyer can show you how.
You don’t have to take on Amazon alone. We can help you understand your rights and options and how we can represent you and get the pay you deserve. Our team can discuss your situation during a free consultation.
Federal and State Laws Define What Overtime Pay Is
Overtime pay is an important part of fair compensation, and companies pay it to ensure their employees are rewarded for all the hours they work. Unfortunately, some companies don’t always follow the rules, leaving workers unpaid for the extra time they’ve put in.
As you consider filing a complaint against Amazon for overtime pay you did not receive, it is important to understand how the law defines overtime pay.
Federal Labor Laws
The Fair Labor Standards Act (FLSA) is a federal law requiring most employers, including Amazon, to pay non-exempt workers 1.5 times their regular pay for every hour worked over 40 hours in a week.
Known as “overtime pay” or “time and a half,” this rule ensures workers get paid fairly for their extra hours. It helps protect employees from being overworked without fair pay and ensures employers follow the rules.
Massachusetts Overtime Laws
In Massachusetts, overtime pay is protected under MGL c. 151, Section 1A, which requires employers to pay workers 1.5 times their regular hourly rate for all hours worked over 40 in a week. This law applies to most workers, including those who work for large companies like Amazon.
Some employees, like managers or certain independent contractors, may be exempt from these rules, but most workers qualify for overtime pay.
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Signs Amazon May Owe You Overtime Pay
Many workers don’t realize they aren’t receiving overtime pay from their employers because violations aren’t always apparent. Below are common ways employers, including Amazon, may fail to pay workers fairly:
Common Violations
- Misclassification as exempt: Your employer might call you a “manager” or salaried employee to avoid paying overtime, even if you mostly do non-managerial tasks.
- Off-the-clock work: If you’re asked to finish tasks after clocking out or before clocking in, that’s unpaid overtime.
- No overtime pay for long shifts: If you work over 40 hours and don’t see extra pay on your paycheck, your rights might have been violated.
How to Spot Problems
Not sure if you’re being paid correctly? Here are some tips to help you uncover potential issues with your overtime pay:
- Track the hours you work: Write down your hours, including any extra time spent working off the clock. This will help you compare your records to your paycheck.
- Compare your hours to your paychecks: Look at your pay stubs and make sure you’re being paid for all the hours you’ve worked, including overtime.
- Look for missing payments or inconsistent calculations: Look for gaps in your pay or mistakes in how your overtime rate is calculated. Even small errors can add up over time.
By staying aware of these signs, you can identify when your rights as a worker may be at risk.
How to File a Formal Complaint for Unpaid Overtime
If you’ve worked overtime but haven’t been paid what you’re owed, you can take action now. Filing a complaint can help you recover lost wages and ensure your employer follows the law.
Breaking the process into simple steps can make it manageable. Follow the steps below to protect your rights.
Step 1: Gather Evidence
Start by collecting anything that shows how many hours you worked and how much you were paid. This could include:
- Timesheets or clock-in/clock-out records
- Pay stubs
- Emails, texts, or messages about your schedule or pay
Step 2: File a Complaint with the Department of Labor (DOL)
You can report unpaid overtime to the U.S. Department of Labor. Filing a complaint is free and confidential. You can pursue a complaint by doing any of the following:
- Online: You can go to the DOL’s website to get a complaint form. You should complete and submit it.
- Phone: If you’d rather speak to someone by phone, you can reach DOL’s Wage and Hour Division at 1-866-487-9243. A representative can start the complaint process for you.
- Visit a DOL office in person: The DOL accepts complaint forms from people who come into its physical offices. You can check its website to see if you can submit a complaint in one of its offices in your area.
Step 3: Consider State-Level Options
In Massachusetts, you can also file a complaint with state labor agencies, which might handle your case faster.
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We Can Help You File a Complaint Against Amazon for Unpaid Overtime
Filing an unpaid overtime claim is a big step that requires a lot of time and effort, but we can help you. Our labor and employment lawyers in Boston know the law and can help prove your case.
When you to our firm, our lawyers can:
- Evaluate your case: We can review your work records, pay stubs, and other evidence to determine if Amazon denied you overtime pay under federal or Massachusetts law.
- Guide you through the complaint process: Whether filing with the U.S. Department of Labor or a Massachusetts state agency, we complete your paperwork and submit it on time.
- Negotiate on your behalf: We can contact Amazon’s legal team to try to resolve your claim without going to court.
- Represent you in court: If negotiations don’t work, we can take your case to court to fight for the overtime pay you’re owed, along with any additional penalties Amazon might face for violating labor laws.
- Protect your rights: We can safeguard you against potential retaliation from your employer and ensure you’re treated fairly throughout the process.
Hiring a labor and employment lawyer gives you an advocate who understands the legal system and will work to secure the best possible outcome for your case.
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Can Amazon Retaliate if You File a Complaint?
We understand if you are concerned about what might happen if you speak up about unpaid wages. Under the law, Amazon is prohibited from retaliating against workers who file complaints about overtime or other labor violations.
Retaliation can include actions like:
- Firing or laying off the employee
- Reducing hours or pay
- Demoting the employee to a lower position
- Creating a hostile work environment
- Denying promotions or opportunities
- Giving unfair performance reviews
- Threatening or intimidating the employee
- Changing work schedules to make the job harder
If Amazon or any employer retaliates against you for filing a complaint, our Boston workplace retaliation lawyers can help you take action to hold them accountable. We can file a separate claim for retaliation, which could result in compensation for lost wages, emotional distress, or other damages.
Standing up for your rights shouldn’t come with fear of retaliation. If you believe you’ve faced unfair treatment for reporting unpaid overtime, we can protect your rights.
Call Us for Help With Your Amazon Unpaid Overtime Complaint
The team at Duddy, Goodwin & Pollard works daily to hold companies accountable when they fail to respect employees’ rights. If Amazon owes you unpaid overtime pay, we can file a complaint and take action. You deserve to be paid fairly for your hard work.
Our team understands complex federal and state wage protection laws and will seek a favorable outcome. We also work on contingency, meaning you pay us nothing unless you win your case. Contact us today for a free consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form