BULLETWhat is Overtime Pay?

The Fair Labor Standards Act requires employers to pay employees time and one-half if they work more than 40 hours during a seven-day time period.  However, the FLSA is a complex law with many exemptions for paying overtime. Overtime dispute attorneys like those at The Potts Law Firm understand the requirements and exceptions in the law, and they help clients who have not been paid fairly when they need to pursue unpaid wages and other overtime disputes.

BULLETOverlapping Legal Jurisdictions

Overtime pay is further complicated by the fact that several states have additional requirements, some of which favor employees even more than the federal regulations. States also define exemptions differently, setting aside certain injuries or employment classifications and clarifying federal-level ambiguities in others. Overtime attorneys work to learn these differences inside and out so that they can advocate for your best possible outcome in every dispute. Their knowledge of the full range of overtime provisions means that they are always prepared to discuss the particulars of a new case.

BULLETKinds of Overtime Disputes

The whole purpose of overtime laws is to protect individual workers, and the attorneys at The Potts Law Firm understand that. They also recognize that this protection takes on a variety of forms, including:

      • Lack of agreement or proper documentation of hours worked.
      • Recognition of hours worked, with a lack of overtime paid.
      • Overtime calculation disputes.
      • Inconsistencies in the documentation of hours worked and/or approved.

There are many, many factors that go into the resolution of individual overtime disputes, and if you are owed money for work you have already done, then collecting that payment is essential. When you feel that you have not been paid what you are owed, or if your employer has actively avoided paying overtime even when the hours are acknowledged, then having a qualified overtime dispute attorney at The Potts Law Firm review your case is the next step.

BULLETFrequently Asked Questions about Overtime Disputes:

Why Does it Pay To Hire A Lawyer?

    • The Department of Labor estimates that 70% of employers are not in compliance with the Fair Labor Standards Act, which establishes the overtime law.  A lawyer familiar with the FLSA can identify the employer’s compliance and fight to have you properly compensated.  Many employers intentionally misclassify employees as contractors or believe salaried employees are not entitled to overtime pay.  Neither is proper under the FLSA.  If you believe that you are not fairly receiving compensation for the overtime hours you have worked, the lawyers at Potts Law Firm, LLP offer a free consultation.

What are the Texas overtime laws?

    • Texas’s overtime law mirrors the FLSA. In determining 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 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.

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 job duties do not satisfy the criteria found in the FLSA’s “duties” test for an exemption category.

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 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 work are compensable hours under the FLSA.  If you worked through lunch, you should be paid.

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.

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.

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 are the 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 Choose the Potts Law Firm Wage & Overtime Attorneys?

    • The wage & hour attorneys at Potts Law Firm are experienced in analyzing claims under the FLSA and they know the tactics companies use to attempt to avoid paying overtime. If you believe that you are not fairly receiving compensation for the overtime hours you have worked, the lawyers at Potts Law Firm, LLP offer a free consultation