Texas Unpaid Overtime Attorney

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.