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Straight Time for Overtime

Texas Unpaid Overtime Attorney

Recover What You Are Owed with Our Help

Many categories of employees throughout the United States are entitled to overtime compensation under federal or state overtime laws. The federal Fair Labor Standards Act (FLSA) requires employers to pay eligible employees time and a half of their regular rate when they work in excess of forty hours in a single workweek. Some state laws also require overtime pay when eligible employees work in excess of eight hours in a single workday. 

What is "Straight Time for Overtime"?

When someone receives overtime pay, they get “time and a half,” or 1.5 times their base rate. “Straight time for overtime” occurs when an employee receives their regular pay rate when they should receive overtime compensation.

What are Employer Obligations Under Overtime Law in Texas?

Employers covered by an overtime law must pay overtime compensation to nonexempt employees, even when working overtime was not authorized and even if the company has a policy requiring prior approval for overtime. Some employers will work to avoid paying overtime by misclassifying legitimate employees as independent contractors or nonexempt employees as exempt employees. Other employers may openly refuse to honor overtime rules. 

Are you missing pay for overtime hours that you have worked? Speak with a qualified unpaid overtime lawyer in Texas at Fair Labor Law. Hablamos Español and we're available 24/7. Contact us online or call (888) 333-7147 right away.

Commonly Asked Questions

What are the penalties for overtime violations in Austin, TX?

Employers who violate overtime laws in Austin, TX may be subject to penalties including back pay, liquidated damages, and attorney's fees. It is important to consult with an experienced unpaid overtime attorney to understand your rights and potential remedies.

How can I determine if I am eligible for overtime pay in Texas?

Determining eligibility for overtime pay in Texas can be complex and is based on various factors such as job duties, salary level, and exemptions. It is advisable to consult with a knowledgeable employment lawyer who can assess your specific situation and provide guidance on your rights.

Can I file a claim for unpaid overtime if I was misclassified as an independent contractor in Austin, TX?

If you believe you were misclassified as an independent contractor in Austin, TX and denied overtime pay, you may have grounds to file a claim for unpaid wages. Consult with a skilled unpaid overtime attorney to evaluate your classification and explore potential legal options.

What is the statute of limitations for filing an unpaid overtime claim in Texas?

In Texas, the statute of limitations for filing an unpaid overtime claim is generally two years from the date the violation occurred. However, if the violation is found to be willful, the statute of limitations may be extended to three years. It is crucial to seek legal counsel promptly to ensure compliance with filing deadlines.

When Do I Deserve Overtime Pay?

Each state has its own rules for who receives overtime and when. So, naturally, some are more generous than others. 

All states are subject to the federal Fair Labor Standards Act (FLSA), which stipulates that overtime must be paid when eligible employees work more than 40 hours in a single workweek. In other words, any hours worked beyond the typical 40-hour workweek must be paid at time and a half. So, for example, if your base rate is $20 an hour and you work 50 hours in a single workweek, companies must pay 10 of those hours at a $30 rate. 

Only employees can potentially be eligible for overtime pay under these rules. Independent contractors are not legally considered employees and are consequently not entitled to overtime. Some, but not all, salaried employees and certain other categories of employees are exempt from the overtime requirement. To learn more about overtime and when straight time for overtime applies, call an unpaid overtime wage lawyer in Texas at our firm.

If You Believe You Are Being Unfairly Compensated For Overtime, Do Not Hesitate to Contact Us Online or Call (888) 333-7147. We Provide Our Legal Services in English and Spanish.

Common “Straight Time for Overtime” Scenarios

Regardless of what your employer might say, you are entitled to overtime pay if you are nonexempt. Your work under a state or federal overtime law is covered. Unfortunately, some employers will go to great lengths to deny overtime pay. They may assume employees are unfamiliar with the nuances of employment law and do not understand their rights. Therefore, you must be vigilant to ensure you are appropriately compensated for all hours worked.

Some “straight time for overtime” scenarios we regularly encounter include:

  • An employer openly refuses to honor overtime pay rules. In some cases, employers will be brazen when refusing to provide overtime compensation. They may attempt to intimidate employees or imply they will be reprimanded or terminated if they report the issue. An employer cannot lawfully retaliate against an employee for filing an unpaid wage claim.
  • An employer refuses to pay overtime by claiming overtime hours were not authorized. They may claim that the company’s payroll budget is stretched thin and that an employee should not have worked hours eligible for overtime pay in the first place. Employers are allowed to implement rules forbidding unauthorized overtime and can discipline employees for violating those rules, but they still must compensate employees for the overtime hours worked.
  • An employer misclassifies an employee as an independent contractor. Independent contractors are not entitled to overtime and in theory have the autonomy to conduct their work when and how they please. In practice, independent contractor misclassification allows employers to get away with not having to pay benefits or honor overtime rules. A supposed “independent contractor” that meets the legal definition of an employee is still entitled to overtime pay. 
  • An employer misclassifies a salaried non-exempt employee as exempt. Salaried employees are usually entitled to overtime compensation if they make less than $35,568 annually. If a salaried employee makes more than this amount, they can only be considered exempt from overtime if they meet the highly specific requirements for administrative, professional, and executive-level positions. Employers will sometimes exploit the ambiguities of how exemption status is determined to deny non-exempt salaried employees overtime pay.

Our Texas unpaid overtime attorney is committed to helping employees hold their employers accountable. A successful claim can help you recover unpaid overtime wages, additional damages, and attorney's fees. Fair Labor Law can evaluate your situation and determine what level of compensation may be available to you. We will work tirelessly to advance your claim and deliver your desired results. 

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Why Do You Need an Overtime Lawyer in Texas?

Too many employees do not realize they deserve overtime pay or do not know what to do when their employer refuses to honor the law. We offer nationwide assistance with straight time for overtime claims and can work to recover what you are owed. Our Texas unpaid overtime lawyer at Fair Labor Law has over 15 years of experience and is committed to helping workers exercise and enforce their rights. We can assist you with every element of your claim and provide you with the representation you need to prevail.

We encourage you to reach out to our firm if you suspect you have been unfairly denied overtime pay. Contact us online or call (888) 333-7147 to schedule a free case review to determine if your overtime pay is being withheld.

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    Mr. Johnson's attention to detail and commitment to his clients are the pillars of his firm.
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    Throughout his career, Mr. Johnson's exceptional work has made a lasting impression and garnered an outstanding reputation with judges and clients.
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    In every case, Mr. Johnson applies careful research and writing to ensure the best possible outcome.

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