Salary / Overtime Disputes

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The Fair Labor Standards Act was set in place by our government to establish guidelines for employers which guarantee salary and overtime rights for employees.  This act requires employers pay covered nonexempt employees time and a half for all time exceeding 40 hours worked during a seven-day period. Unfortunately, these guidelines do not always prevent employees from being underpaid by their employers.

The purpose of overtime and salary laws are to protect individual workers from being undervalued and underpaid in the workplace. Our wage & hour attorneys are experienced in analyzing claims under the Fair Labor Standards Act and know the tactics some companies use to avoid paying overtime.

If you believe that you are not receiving fair compensation for the overtime hours you have worked, contact The Potts Law Firm for your free consultation with one of our experienced employment lawyers.

Common Recoverable Damages

Violations of the FLSA require your employer to pay the following damages:

  • Unpaid overtime wage
  • Liquidated damages in an amount equal to the unpaid overtime hours
  • Attorney’s fees
Frequently Asked Questions
What are frequent wage and hour violations?

Companies often attempt to trade a worker’s overtime with a comp day in another week. That is, an employee that works 48 hours in one week would be offered a day off in the following week, when it is expected that the work will be slower.  Under the FLSA, however, overtime is calculated during a 7-day period and the worker would be owed overtime compensation for the 8 hours worked.

Why should I hire an employment lawyer?

The Department of Labor estimates that 70% of employers are not in compliance with the Fair Labor Standards Act, which establishes overtime laws.  A lawyer familiar with the FLSA can identify the employer’s compliance and fight for proper compensation.  Many employers intentionally misclassify employees as contractors or incorrectly believe salaried employees are not entitled to overtime pay.  If you believe you are not receiving fair compensation for the overtime hours you have worked, contact the lawyers at Potts Law Firm for a free consultation.

What are the Texas overtime laws?

To determine overtime pay, employers in Texas are required to follow the Fair Labor Standards Act, known as the FLSA.  The FLSA mandates that employees must be paid overtime equal to time and one-half for all “hours worked” beyond 40 hours in a 7-day period.

Do I have a salary or overtime dispute claim?

If you believe your employer has violated the overtime law or has failed to properly provide you overtime pay, the experienced FLSA attorneys at The Potts Law Firm are ready to assist you. The Potts Law Firm provides a free one-hour consultation to employees to determine whether they have a potential claim for overtime pay under the FLSA.

How long do I have to file a claim against my workplace?

The law typically allows employees to recover 3 years of overtime pay. Some states have longer periods, including California, which allows an employee to recover 6 years of overtime pay, and New York, which allows employees to recover 4 years of overtime pay.

What if my company does not have an overtime policy?

All employers in Texas are subject to the FLSA, whether they have a policy stating so or not.

Can I get fired for filing a claim against my employer for unpaid wages or overtime?

An employer that retaliates against an employee who sued for overtime pay, including firing that employee, violates the FLSA. If an employee is fired or discriminated against for making a complaint under the FLSA, the employer is subject to fines and prosecution.

If I never took a lunch break or any type of break during a scheduled break, can I be paid for this time?

Requiring an employee to clock out but knowing they work through lunch is one of the most common types of off-the-clock work violations. All hours worked are compensable hours under the FLSA.  If you worked through lunch, you should be paid.

If most of my money is earned through tips, can I still earn overtime?

Yes! The Fair Labor Standards Act (FLSA) defines tipped employees as those who “customarily and regularly receive more than $30 per month in tips.” 29 C.F.R. §531.56. The FLSA also requires these employees to be paid a minimum of $2.13 per hour, provided that the wages and tips amounts to the minimum wage ($7.25).

If I am on salary, does that mean I’m exempt from overtime?

No! Many non-exempt employees are paid a salary, such as receptionists, secretaries, file clerks, and technicians. Being a salaried employee will make no difference if the employee’s duties do not satisfy the criteria found in the FLSA’s “duties” test for an exemption category.

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