Employment Law FAQ

Only if you meet the criteria to be consider an exempt employee, which most people don’t. It depends on what type of worker you are classified as at your company – and whether you are properly classified under the law. Some workers are eligible to receive overtime pay, but others are not. We can meet with you and let you know if your job qualifies you for overtime pay or if you can (and should) legally refuse to work extra hours without being reprimanded.

There many differences between these two types of workers. But the biggest difference is hourly employees are eligible for overtime pay. Salaried employees may or may not be eligible for overtime, depending on whether they are exempt or non-exempt (see below). Many other differences exist. And they can have a dramatic impact on the outcome of your employment law complaint.

Exempt and non-exempt employee classification generally refers to whether the overtime protections in the Fair Labor Standards Act (FLSA) applies to them. Salaried employees are often (but not always) exempt from the FLSA, which means they are paid the same amount for each work they week regardless of the number of hours. This is based on job duties; it’s not just something the employer can decide. In contrast, hourly employees are non-exempt, which means the FLSA applies to them and they are eligible for overtime.

The answer to this question often turns out to be much more complicated than many people might expect. In general, if you decide to take another job with the competition and violate a non-compete agreement you signed with your previous employer, you could find yourself embroiled in a complicated legal battle. But there’s also a limit to the restrictions your previous employer can place on you. That’s why it’s critical to talk to an attorney as soon as possible if you are being accused of violating a non-compete agreement in West Virginia.

Several different offices often handle such complaints. Depending on which type of complaint you have, you may need to file a complaint with Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor, U.S. Department of Justice or the Wage and Hour Section of the West Virginia Division of Labor.

Timelines vary depending on what type of employment law complaint you have in West Virginia. Workers only have two years to file a complaint in most cases. But this deadline, known as the “statute of limitations,” can vary. And even if you have up to two years or more to take legal action, it’s always better to act sooner. Evidence often becomes harder to obtain the longer you wait.

Depending on the nature of your complaint, several different state and federal agencies often handle such investigations. These include:

• West Virginia Division of Labor (wage complaints, overtime complaints)
• West Virginia Human Rights Commission (discrimination complaints) or
• Equal Employment Opportunity Commission (EEOC)

Officials at various state or federal agencies often decide the outcome of your complaint. However, if you file a lawsuit against your employer for your employment law violation, a local, state or federal judge could decide the outcome of your case. Our attorneys can help you review all your legal options and decide which approach works best for you.

There’s no set dollar amount for such cases. Often, many people we work with simply want to receive the financial compensation they deserved in the first place for the work they did for their company. Other times, such cases can be worth thousands or millions of dollars depending on the specific circumstances. That’s why it’s important to talk with an attorney at our law firm as soon as possible about your potential case.

There are many different items you may be eligible for financial compensation depending on the circumstances of your employment law case. This includes:

• Unpaid overtime
• Medical bills (if you were out on extended medical leave)
• Childcare expenses and other costs you’ve accumulated due to your employer’s actions
• Penalties for employer violating state and/or federal labor laws