Unpaid Overtime Lawyer in Texas: Fighting for Your Rightful Pay

unpaid overtime lawyer in texas

Unpaid overtime lawyer in texas—if you’ve worked more than 40 hours in a week but haven’t received the overtime pay you’re entitled to, you may be a victim of wage theft.

Under the Fair Labor Standards Act (FLSA), employers are required to pay eligible employees 1.5 times their regular hourly rate for all overtime hours worked (hours worked over 40 hours in a work week).  However, many employers fail to comply, either by misclassifying employees or ignoring overtime rules altogether.

If your employer has denied you overtime pay, consulting an experienced unpaid overtime lawyer in Texas can help you recover what you’re owed and hold them accountable.

What Is Overtime Under the FLSA?

The FLSA requires employers to pay overtime to non-exempt employees (employees paid on an hourly rate) who work more than 40 hours per week. Overtime pay must be at least 1.5 times the employee’s regular hourly rate for every hour worked beyond the 40-hour threshold.

The regular rate includes more than just hourly wages—it typically accounts for all forms of compensation, such as:

  • Bonuses
  • Commissions
  • Incentives

If your employer has failed to calculate your overtime pay correctly, consulting an unpaid overtime lawyer in Texas is essential to ensure you receive your rightful earnings.

What Is a Violation of Overtime Laws?

To prove that an employer violated the FLSA’s overtime requirements, employees must demonstrate the following:

  1. There was an employment relationship during the claimed period.
  2. The employee engaged in work activities covered by the FLSA.
  3. The employer did not properly pay overtime as required under the FLSA.
  4. The amount of unpaid overtime owed to the employee.

Even if the employer did not explicitly authorize overtime, they may still be liable if they knew—or turned a blind eye to—overtime work being performed.

If you suspect a violation, an unpaid overtime lawyer in Texas can evaluate your case and help you file a claim.

Exempt vs. Non-Exempt Employees: Who Qualifies for Overtime?

Determining whether an employee is exempt or non-exempt is a critical aspect of overtime disputes. While non-exempt employees are entitled to overtime pay, exempt employees are not.

Some common exemption categories under the FLSA include:

  • Executive Exemption: Applies to managerial employees who supervise at least two full-time employees.
  • Administrative Exemption: Covers employees in office or non-manual work related to management or business operations.
  • Professional Exemption: Includes employees in specialized fields such as law, medicine, or education.
  • Computer Employee Exemption: Applies to certain IT professionals and software developers.
  • Outside Sales Exemption: For employees who primarily make sales outside the workplace.
  • Highly Compensated Employee Exemption: For employees earning more than $107,432 annually.

However, some professions—like nurses, dental hygienists, and paralegals—are typically considered non-exempt and eligible for overtime pay.

If you believe you’ve been misclassified as exempt and denied overtime pay, an unpaid overtime lawyer in Texas can review your job duties and classification to determine whether your employer violated the law.

Common Ways Employers Violate Overtime Laws

Employers may use various tactics to avoid paying overtime, including:

  1. Misclassifying Employees: Labeling employees as exempt or independent contractors to avoid overtime obligations.
  2. Off-the-Clock Work: Requiring employees to work outside of scheduled hours without compensation.
  3. Failure to Calculate Regular Rate Correctly: Excluding bonuses or commissions from the regular rate calculation, leading to underpayment of overtime.
  4. Retaliation: Punishing employees who request overtime pay or report violations.

If you’ve experienced any of these practices, contacting an unpaid overtime lawyer in Texas is the first step toward recovering your lost wages.

 

What Remedies Are Available for Unpaid Overtime?

Employees who have been denied overtime pay may be entitled to:

  • Back Pay: Compensation for unpaid overtime wages.
  • Liquidated Damages: In many cases, employees can recover an amount equal to their unpaid wages as a penalty for the employer’s violation.
  • Attorney’s Fees and Costs: Employers may be required to cover the legal costs of filing a claim.

An experienced unpaid overtime lawyer in Texas can help you calculate the full value of your claim and pursue the maximum compensation available under the law.

 

Why Time Is Critical in Overtime Claims

The FLSA imposes strict deadlines for filing overtime claims:

  • Two Years: Standard statute of limitations for unpaid overtime claims.
  • Three Years: For willful violations, where the employer knowingly violated the law.

Failing to file within these timeframes may bar you from recovering your unpaid wages. Acting quickly by consulting an unpaid overtime lawyer in Texas ensures your claim is filed on time.

 

FAQs About Unpaid Overtime in Texas

Can an employer force you to work overtime?
Yes, employers in Texas can require employees to work overtime. However, they must pay non-exempt employees the appropriate overtime rate for hours worked beyond 40 in a workweek. Refusal to comply may lead to disciplinary action, but the employer must still follow wage laws.

How does overtime pay work in Texas?
In Texas, overtime pay is calculated at 1.5 times the employee’s regular hourly rate for every hour worked beyond 40 in a workweek. The regular rate includes bonuses and commissions, ensuring employees receive full compensation for their work.

Do administrative service managers work overtime?
Administrative service managers are often classified as exempt employees under the FLSA due to their managerial duties. This means they typically do not qualify for overtime pay. However, misclassification can occur, and an unpaid overtime lawyer in Texas can review the specifics of your role to determine eligibility.

What qualifies as unpaid overtime?
Unpaid overtime includes any work performed beyond 40 hours in a week for which the employee was not compensated at the correct overtime rate of 1.5 times their regular pay. However, for employees who work shifts or on commissions, the rules can change.

What is the average settlement for unpaid overtime claims?
Settlement amounts  depend on the amount owed, the length of the violation, and other factors.

 

Contact an Unpaid Overtime Lawyer in Texas

If your employer has denied you overtime pay, misclassified your job, or engaged in wage theft, you have legal options. As an experienced unpaid overtime lawyer in Texas, I can help you:

  • Evaluate whether you qualify for overtime pay under the FLSA.
  • File complaints with the S. Department of Labor or pursue legal action.
  • Recover lost wages, liquidated damages, and other compensation.

Time is of the essence—contact me today to schedule a consultation and begin the process of recovering your unpaid wages.

For additional employment law information visit the employment law home page.

 

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