Texas Overtime Claims Lawyers
The Fair Labor Standards Act (FLSA) is a federal law which requires that most employees who work more than 40 hours in a week receive overtime pay. Very often, employers do not pay workers overtime even if they are entitled to it. This is illegal and employers who act with such disregard for the FLSA hurt their workers by withholding money that they have earned.
If your employer has not paid you an overtime rate of at least time and a half for each hour worked in a week over 40, you may be able to hold it responsible for paying you the money you are owed. The Texas Unpaid Overtime Claims Lawyers of Leichter Law Firm PC, can help you determine whether or not you have a valid case. If you have worked overtime in Texas and not received the appropriate pay, contact the Texas unpaid overtime attorneys of the Leichter Law Firm PC by calling (956) 205-0884.
Employees Who are Denied Overtime Pay
Any employee can be denied rightful overtime pay, but certain categories of employees more commonly lose out on being paid what they deserve. Categories of workers most often cheated out of overtime are:
- SALARIED EMPLOYEES: Many people believe that if you are paid a salary, you are not entitled to overtime. The truth is, many salaried employees are entitled to overtime pay, even if they have a job title such as “manager,” “office manager,” “administrative assistant,” or the like.
- INDEPENDENT CONTRACTORS: Employers often try to avoid paying overtime by making a worker an “Independent Contractor.” Simply being a contract worker does not mean that you are not entitled to overtime pay. If you have agreed to be a contract worker or 1099 employee, you may still be entitled to overtime pay.
- HOURLY EMPLOYEES: If an employer requires an hourly employee to work “off-the-clock,” such as pre-shift work preparing for the workday (starting the computer, reading e-mails, preparing tools or equipment), work during an unpaid lunch period, post-shift work closing out the workday (e.g. finalizing paperwork, sending reports), or work from home, then the employee may be entitled to overtime pay for that time worked.
At the Leichter Law Firm PC, our experienced and aggressive overtime lawyers only represent employees, never employers. We will fight to get you what you are owed from your employer, or former employer. We always offer a free consultation with an overtime lawyer. Call (956) 205-0884 today to speak with an overtime lawyer.
The law automatically allows recovery for two years preceding the date a lawsuit was filed. It also can be extended to a three-year period for willful violations.
Under the law, when a company is found to be in violations of overtime wage laws, they are generally required to pay the employee double the amount of back overtime wages as a penalty for violating the law. Also, when a lawsuit is successful, the violating companies are often required to pay your attorney’s fees and costs in addition to the overtime penalties. YOU MAY BE ENTITLED TO THOUSANDS OF DOLLARS IN UNPAID WAGES even if you no longer work for that employer. Also, the law makes it illegal for any employer to retaliate against an employee who demands their fair pay under the law. Judges enforcing these laws come down hard on employers who retaliate against employees. If your employer does retaliate against you, you could recover even more money.
Unpaid Overtime Cases We Handle
Leichter Law Firm PC, fights to recover unpaid overtime and additional damages for individual clients and large groups of employees. Among the employees we represent are:
- Paralegals – Employers sometimes misclassify paralegals as exempt from overtime pay, even though they are typically eligible. You might be owed back pay for your hours worked.
- Nurses – Off the Clock Work, Automatic Meal Break Deductions, and Unpaid Travel Time are the most common Overtime Violations. Learn more about your rights here.
- Call Center Workers – Call center employers have been known to use many tactics to avoid paying overtime to workers. Learn more about overtime pay eligibility and your rights here.
- Cable TV Workers – Fair Labor Standards Act pay protections may apply to cable TV workers. Learn more about your eligibility for overtime pay here.
- Computer and IT Workers – The computer employee overtime exemption does not apply in all cases. Many computer or IT worker are eligible to receive overtime pay.
- Hotel and Restaurant Workers – If your employer makes you work off the clock, makes you share tips, or doesn’t pay at least the Federal minimum wage, you may be owed money.
- Independent Contractors – Many employers misclassify workers as independent contractors to avoid paying fair overtime wages. Learn more about employee classifications here.
- Banking, Mortgage, and Insurance Companies – Many banking and insurance company employees are misclassified as exempt from overtime pay when they should be eligible for it.
- Oilfield Workers – Oil workers work long hours, yet often overlook the possibility of receiving overtime pay. Learn about exercising your FLSA rights as an oilfield worker.
- Retail Workers – For most retail workers, if you are not paid at an overtime rate after working 40 hours in a week, you may have a claim under the Fair Labor Standards Act.
- Accounting personnel – Long hours, especially before tax deadlines, are often a requirement of accounting professionals. Your employer is still responsible for paying you overtime if you are not an exempt employee.
- Construction Workers – Workers in the construction industry often put in long hours to meet the project’s deadlines. If you are a non-exempt worker, your employer owes you compensation for any overtime hours you work, without exception.
- Interns – Interns are technically temporary employees and should be paid a fair wage, with a few specific exceptions. Employers need to carefully follow the rules, or they may be in violation of labor laws if they do not pay their interns.
- Janitors – If your employer fails to pay fair wages or fails to compensate you for overtime that you have worked, you may have grounds to file a wage or unpaid overtime claim.
- Loan officers, loan consultants, loan processors, and mortgage industry employees – Because the mortgage industry runs on strict deadlines to meet the needs of buyers, sellers, and agents, overtime hours are common. Your employer owes it to you to properly compensate you for any and all overtime hours you have worked.
- Repair technicians – Most employees who are in the repair or service industry are eligible for overtime pay, regardless of their pay structure. You are also owed at least minimum wage. If your employer has failed to properly compensate you, contact an attorney today
- Secretaries, payroll clerks, and general admin personnel – Employers often fail to adequately compensate admin personnel for overtime hours worked, or they may inaccurately classify these workers as exempt from overtime.
- Waiters, waitresses and other tipped employees – While many employees in the service industry receive tips on top of hourly compensation from their employer, if your tips and direct wages do not add up to the federal minimum wage, you may have a wage claim.
If your employer is denying you overtime pay, you are being exploited. An attorney can help you recover the money you should have been paid to begin with.
Why Do I Need an Unpaid Overtime Attorney?
When employers don’t pay their employees overtime, they are assuming that their employees won’t call them out on it. They are assuming that their employees either don’t understand the laws or don’t have access to the legal process to retaliate. They assume that you’ll just accept that some of your hard earned money will go into the pocket of executives and people above you. But you’re more than just their employee and have rights protected by the law. If you know you’re being cheated out of wages, what can you do?
When you hire an attorney, you are showing your employer that you won’t back down when they are stealing from you. They may just try to keep the issue quiet by giving you your past-due time and a half and sweep the issue under the rug. However, they are legally obligated to pay you the amount of the backed up overtime wages they owe you and a fine, equal to that of your due wages, as a result of not complying with the law. An attorney will make sure that your voice is heard. They will make sure that there is no money left on the table that should be yours. An attorney will make sure that in the future, you won’t be used anymore and that your time will be respected and fairly compensated. You need an unpaid overtime attorney because you need someone fighting for what you deserve when your employer won’t.
Why Should I Choose Leichter Law Firm PC to Handle My Case of Unpaid Overtime?
If your employer is refusing to pay your overtime wages, they are refusing to respect you as an employee. You need someone you can trust who will fight for you and your rightful earnings. You need to hire an attorney that will represent and vigorously fight for your rights and what you are owed. With hundreds of thousands of lawyers across Texas, it can be difficult to choose who is the right one to fight for you. We can make it easy for you.
Whenever you hire an attorney from Leichter Law Firm PC, you are hiring a Board Certified Specialist of Labor and Employment Law. And that’s not a title to be taken likely—less than one percent of lawyers in Texas become Board Certified and having been enacted by the Texas Supreme Court. But we don’t just let our titles do the talking; our experience says more about us than anything. Here is a list of the types of jobs where we’ve represented employees of where we got their unpaid overtime compensated as well as had most or all of their attorney fees reimbursed:
- Service Industry: Receptionist, Restaurant Cook, Waitress, Retail Store Salesperson, Call Center Employee, Nursing Home Chef, and Computer Employee.
- Construction and Skilled Industries: Construction Worker, HVAC Worker, Oil Field Worker, Beer Distributor Merchandiser, Alarm Installer, and Mechanic.
When it comes to an employer’s wrongdoing, we have seen just about every example of it. We approach each case starting from the client’s needs. Our clients are our priority. We firmly believe in fair wages for fair work, so we make it our mission to fight for employees who aren’t getting the earnings they deserve. If you or anyone you know has had their overtime wages illegally concealed from them, call us at . As an employee, you have a voice and rights. We will fight for you to ensure you’re heard and respected.
Ways an Employer Can Con You Out of Your Overtime Pay
Typically, an employer will want to deny any claims an employee makes about being denied overtime pay. They will do this by simply denying that any overtime even took place. Often the employer will go through some bizarre and deceitful tricks in order to not pay their employees their rightful ‘time and a half’. Some of the methods that an employer will implement include:
- They may be averaging your hours over a few weeks. Say you work 35 hours one week and then 45 hours the next week. An employer could average these two numbers together and say that you worked 40 hours on average per week. However, by law, you deserve overtime pay for the second week.
- They could be paying compensatory time. Also called ‘comp time’, this just means that an employer will essentially give you the option to use your overtime for time off later. This is only legal in the public sector, and if you’re being comped for your overtime, you may be entitled to back payments.
- They could be claiming not to know about your overtime. If this is the case, there is usually an insurmountable amount of evidence in favor of the employee. If an employee wanted to hide the fact that they were working overtime, this would be difficult to disprove, but we find that this is rarely the case.
- They could not be paying you if you’re an undocumented citizen. This is a slap in the face to any hardworking person in this country, even if they do not hold a visa or citizen status. Employers are required by law to pay full wages and overtime to all employees, regardless of legal status.
- They could claim that the overtime work couldn’t classify as beneficial work time. The courts have a good guideline on what they consider useful work time that would rank as overtime. If the work is of a genuine benefit to the employer, the employer doesn’t stop an employee from continuing their work, or the employer knows or at least has a reason to believe that the work is being done, then the employer deserves to pay you for your overtime work.
If your employer is claiming any of these reasons for denying you your overtime pay, or any other scheme, that hasn’t been mentioned you need to call an unpaid overtime attorney. The benefits of an experienced attorney can make a world of difference as you seek a fair settlement and the wages you’ve rightfully earned.
The Prevalence of Unpaid Overtime
When an employer doesn’t pay you the wages that you have rightfully earned, they are participating in wage theft. It is such a known problem that laws against it were written back in 1938 by the Fair Labor Standards Act (FLSA). A recent study put on by professors at Cornell, UCLA, led to a report called Broken Laws, Unprotected Workers and surveyed over 4,000 workers from New York City, Los Angeles, and Chicago for potential violations of labor codes. What they found is incredibly disheartening and shows how widespread our wage issues are in America.
- 19.1 percent of the workers they surveyed had worked more than 40 hours in the past week, which put roughly 800 workers at risk for an overtime violation.
- Of these 800, 76.3 percent reported not having received adequate overtime pay for their hours worked.
- Nearly 14.6 percent of all American employees are affected by wage theft if this survey is adequately representative
- 14.6 percent translates to roughly 18 million American workers
Overtime pay is a largely political issue, and laws regulating it have been debated for years. As the law states now, American workers should not be in the position to be fighting for overtime wages that are due to them. It is our mission statement at Leichter Law Firm PC to make sure that anybody who has been the victim of a company withholding their rightful overtime earnings gets what they worked for.
Contact a Texas Unpaid Overtime Attorney
If you have worked more than 40 hours in a week and have not been paid an overtime rate for it, you may be able to hold your employer liable for the pay you are owed. The Texas unpaid overtime attorneys of the Leichter Law Firm PC can help you get the payments you have already earned. Call (956) 205-0884 to speak with a lawyer today.