Unpaid Overtime Claims in Wisconsin
Under most circumstances, the laws regarding overtime pay in Wisconsin are much like the federal laws outlined in the Fair Labor Standards Act (FLSA). Wisconsin’s laws are slightly different from federal laws and if your employer owes you overtime pay, it can be advantageous to you to understand which set of laws will be most beneficial to your specific situation.
The statute of limitations for Wisconsin’s overtime laws is two years, while the FLSA’s is three years. For these overtime laws to take effect, you must be able to prove that your employer withheld deserved pay from you and did so intentionally.
Filing for Unpaid Overtime in Wisconsin
There is a lot of strategy involved in filing a successful disputed overtime pay lawsuit. Choosing which set of laws you file under can make a huge difference. Some job categories are exempt under the state’s laws, but can file claims under the FLSA and vice versa. The services of a Wisconsin overtime claims lawyer can help you determine which set of laws would be most suitable for you to file under.
Your attorney may file the suit directly to the court without an investigation from the Department of Workforce Development (DWD), but doing so may limit the penalties imposed upon your employer for breaking employment laws and breaching its contract with you. It is typically better to wait for the DWD to finish its investigation, as that can provide your case with additional evidence to use and shows that you’ve gone through the appropriate channels to make your claim as fair as possible.
How Can I File a Claim for My Unpaid Overtime?
It is advisable to consult an attorney before choosing to file a lawsuit. Unpaid overtime claims are complex and an attorney’s help can play a key role in building your case and understanding which statutes to file the suit under. The lawsuit can be filed in state court, federal court, or even both. A lawyer will be able to determine which is most appropriate for you.