Employers must pay overtime to non-exempt employees. I represent workers who have not been paid their overtime or who have not been properly paid their overtime. If you have been a victim of wage theft, contact me, your Houston overtime lawyer.
The United States Equal Employment Opportunity Commission (EEOC) investigates these matters and there are strict filing deadlines with the EEOC and/or Texas Workforce Commission, Civil Rights Division for national origin discrimination cases. If you work for the Federal Government your deadline to file is even shorter. Please contact me, an EEOC attorney, if you believe you have experienced discrimination, harassment, retaliation, or wrongful termination because of your national origin.
The FLSA requires employers to pay an employee a minimum of 1.5 times the employee’s regular rate for any time worked over forty hours in any given week. The regular rate is usually calculated off the Employee’s entire compensation.
To show an employer has violated the FLSA, the employee must show:
Importantly, the employer may be liable to pay you overtime even if they did not authorize it but turned a blind eye to the employee to working over four hours.
Determining whether an employee is exempt or not creates a lot of litigation in the area of wage law. There are many exemptions with caveats and gray areas about which attorneys may argue. Some broad examples of exemption categories under the law include:
Of course, some professions are inherently non-exempt such as paralegals, nurses, and dental hygienists to name a few. If you believe that you may be misclassified and your employer is not paying you properly in either minimum wage or overtime, contact me to consult about your options.
The FLSA can be quite unintuitive, and employers may often misclassify workers, wrongfully denying them overtime pay. If you think your employer has engaged in wage theft or has not paid you overtime you are owed, contact us, your Texas overtime attorney to schedule a consultation.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
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