Q: My mom has worked for 12 years routinely working over 80 hours a week but never receiving overtime pay.
My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since 2010 and has never been paid overtime. Is she eligible for overtime pay, and if she is able to prove her hours can she sue for backpay?
A:
You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.
Some of the statutes also carry with them "liquidated damages" which essentially provide if you are not paid minimum wage for all hours worked you are entitled to an equal amount as liquidated damages. There are other penalties and interest also available. Contact the State agency or look up on line for best information.
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