If you believe Costco has not paid you the overtime pay you’ve rightfully earned, you may feel frustrated and unsure of how to proceed with filing a complaint. You don’t have to take this task on your own—we can help.
We can review your options and legal rights and explain what steps we can take to resolve this issue. A Boston Costco employment lawsuit lawyer from our firm can review your situation and build your case for recovering the wages Costco owes you.
You can learn more during a free consultation.
How Do You Know If Costco Owes You Overtime Pay?
Costco may owe you overtime pay if you regularly work more than 40 hours a week and do not receive additional pay at 1.5 times your regular hourly rate.
Additionally, if your position is classified as “non-exempt” under federal and Massachusetts law, Costco generally must pay you for overtime hours you worked.
According to federal law under the Fair Labor Standards Act (FLSA), most employees classified as “non-exempt” can receive overtime pay at a rate of 1.5 times (or time and a half) their regular hourly wage for any hours worked beyond 40 in a workweek.
In Massachusetts, this rule is supported by similar state protections for non-exempt employees under Massachusetts General Laws c. 151, Section 1A.
However, not all employees qualify for overtime. This largely depends on your job classification:
- Non-exempt status: Non-exempt employees are typically entitled to overtime pay. Most hourly workers fall under this category, meaning they should receive overtime pay if they work over 40 hours a week.
- Exempt status: Exempt employees, such as those in executive, administrative, or professional roles, cannot receive overtime pay under the FLSA.
However, job title alone does not decide exempt status. Instead, your specific duties, level of responsibility, and salary level all play a role in determining if you are exempt. If Costco classifies you as exempt but you perform mainly non-exempt tasks, you may still qualify for overtime pay.
If you suspect you’ve been misclassified or believe Costco owes you overtime, keep the following criteria in mind:
- Hours worked: If you regularly work over 40 hours weekly without receiving extra pay, this may indicate unpaid overtime. Tracking your hours can help you spot discrepancies.
- Employee classification: Misclassification is a common issue. Even if you hold a managerial title, if your tasks don’t align with exempt status requirements, you may be eligible for overtime.
- Pay schedule: Hourly employees generally qualify for overtime pay, while salaried employees may not. However, certain salaried employees still qualify based on their duties and salary level.
Our firm can review your work hours, job classification, and pay records to help determine if Costco owes you unpaid overtime.
For a free legal consultation, call (860) 999-9394
How Do I Start an Unpaid Overtime Complaint Against Costco?
If you believe you’re missing out on overtime pay, you must take prompt action. You can submit a complaint to the Massachusetts Attorney General’s Fair Labor Division, which handles wage violations and investigates claims on behalf of employees.
You can also file your Costco unpaid overtime complaint with the U.S. Department of Labor (DOL) by filling out a complaint form if your claim involves federal wage laws. Both agencies can investigate your case and help ensure you receive the compensation you’re owed.
Filing an unpaid overtime claim requires careful preparation and documentation to support your case. Follow these steps to begin your complaint and protect your right to fair wages.
Here’s a step-by-step guide to start your unpaid overtime case:
- Gather evidence: Start by collecting any documents that show the hours you worked and the pay you received. This includes timesheets, pay stubs, schedules, emails, or messages with supervisors about work hours or tasks. Make sure you have records that indicate any extra time worked that wasn’t compensated.
- Report to HR or management: Before filing a formal complaint, consider notifying Costco’s HR department or your direct manager. Informing them of your concerns may lead to a resolution. Document any communications you have with HR, noting dates, times, and responses.
- Maintain complete documentation: Organize all evidence, including copies of pay records, communications, and written policies related to hours and pay. Your documentation must support your claims and help you establish a clear timeline.
Our legal team will review your documentation and make sure it is complete and supports your case.
Our Lawyers Can Handle a Costco Unpaid Overtime Complaint
Dealing with an unpaid overtime complaint can be stressful, especially if it ends up in court. Our lawyers will manage the process for you. We know wage and hour laws well and can handle each step of your complaint against Costco, including preparing your case and representing you in court if needed.
We can also handle negotiation talks with Costco to try to settle the case before it goes to trial. We’ll use our experience to negotiate for fair pay for the overtime you’ve worked.
What Happens if Your Case Goes to Trial?
If your case involves going to court, we’ll gather important evidence, like pay records, time logs, and any messages that show you worked extra hours. We’ll also handle all court appearances and deal with Costco’s legal team to protect your rights and make sure you’re heard.
With our firm on your side, you have a team ready to manage the legal details and stand up for your rights. Let us handle the hard parts so you can focus on what matters most.
Click to contact our labor & employment lawyers today
How Long Do You Have to File an Unpaid Overtime Complaint?
In Massachusetts, the statute of limitations for unpaid wage claims, including unpaid overtime, is generally three years from the date of the violation, per Massachusetts General Laws c. 149, Section 150. This means you have three years from when the overtime pay was due to file a claim.
On the federal level, the statute of limitations is two years for most cases, but it may extend to three years for willful violations. Acting promptly is essential to protect your rights and avoid missing these deadlines.
Complete a Free Case Evaluation form now
Can Costco Retaliate Against You for Filing a Wage Complaint?
No. Massachusetts and federal laws protect employees from retaliation for filing unpaid overtime complaints. If you experience any negative or illegal treatment—such as fewer hours, unwarranted discipline, or termination—after filing a complaint, these protections can help you seek justice.
If retaliation occurs, you can contact our Boston workplace retaliation lawyers immediately to discuss the steps you can take to hold your employer accountable.
Call Us for Help With Your Costco Unpaid Overtime Complaint
At Duddy, Goodwin & Pollard, we believe all employees deserve fair treatment, especially when it comes to their wages. If you suspect that Costco has withheld your rightful overtime pay, you can file a complaint, and we can show you how. Our team is ready to help you take action.
We know federal and state wage protection laws and will work to develop a tailored legal strategy to recover your income. We can start your case promptly, as we operate on a contingency fee basis; you pay us only if we recover your wages.
Call us today for a free consultation, where you can discuss your concerns with us directly.
Call or text (860) 999-9394 or complete a Free Case Evaluation form