Unpaid Overtime Lawyer in Cibolo, TX
At Leichter Law, we are dedicated to fighting for the rights of hardworking individuals who have been unfairly denied the compensation they rightfully deserve. Unpaid overtime is an all-too-common issue that affects workers across various industries in Cibolo and throughout the state of Texas. If you are the victim of unpaid overtime, contact an unpaid overtime lawyer with our firm today.
Our experienced team of legal professionals is here to help you understand your rights and pursue justice if you’ve been a victim of wage theft. With a deep commitment to upholding workers’ rights, we are ready to advocate tirelessly on your behalf to recover the unpaid wages you’ve earned. Your hard work should be rewarded, and we are here to make sure that it is. To schedule a free consultation about your case, please call our office at (512) 495-9995 today.
What Is Considered Unpaid Overtime?
When an employee works over 40 hours in a workweek, those are considered overtime hours. Employers must pay overtime rates to employees who work overtime if they are nonexempt. Currently, the overtime pay rate established by the FLSA is “time and a half.” This means that the employer must pay 1.5 times the employee’s normal pay rate.
When an employer fails to pay overtime to an employee who earned it, this is considered unpaid overtime. It is an illegal form of wage theft. As long as an employee is considered nonexempt under the Fair Labor Standards Act, they are entitled to receive overtime pay.
Which Jobs Are Not Entitled to Overtime Wages in Texas?
According to federal and state laws, most employees are entitled to overtime when they work over 40 hours. In fact, it is an easier question to ask who is not entitled to overtime pay, as the list of exempt employees is smaller than the list of non-exempt employees. When considering a claim against one’s employer for unpaid wages, it is crucial to determine if you are a non-exempt employee.
Below, we outline the differences between exempt and nonexempt employees according to wage and hour laws.
Non-Exempt vs Exempt Employees
Aside from their ability to receive overtime pay, exempt and nonexempt employees are similar in virtually all other aspects. When an employee is considered exempt under the FLSA, they are not owed overtime even if they work over 40 hours in a workweek.
According to the FLSA, exempt employees typically perform certain job duties that are professional or administrative in nature, or that pertain to outside sales or computers.
Common examples of exempt employees include the following.
- Teachers
- Office managers
- Graphic designers
- Sales managers
- Software engineers
- Attorneys
- Marketing professionals
Federal Overtime Laws
The most important federal wage and hour law is the Fair Labor Standards Act (FLSA). Enacted in 1938, the FLSA aims to protect workers and preserve fair employment practices. It established several important aspects of employment law, including minimum wage, overtime pay, child labor restrictions, meal breaks, recordkeeping, and exemptions. Currently, the Department of Labor (DOL) enforces the FLSA.
The Fair Labor Standards Act (FLSA)
The FLSA sets forth many important wage, hour, and labor requirements. Among the most important of these are as follows.
The FLSA also established federal minimum wages. With very few exceptions, nearly all employees are entitled to minimum wage. Currently, the federal minimum wage is $7.25 an hour.
Nonexempt workers are entitled to overtime if they work over 40 hours in a workweek. The overtime rate they must receive is time and one-half of their regular rate. For example, if an employee’s regular pay rate is $20 an hour, their overtime rate is $30 an hour.
All employers covered by the FLSA are required to meet certain recordkeeping requirements. They must keep records of their employees’ hours worked and wages earned for a certain period of time.
While most employees are covered by FLSA protections, some employees are exempt. Exemptions depend largely on job duties and salary levels.
Employee Rights Under the FLSA
The FLSA is one employment law that provides significant protections for employees against things like minimum wage violations and unpaid overtime. When an employer violates provisions in the FLSA, the penalties they may face are very serious. Often, they are required to pay double the employee’s lost wages in a successful unpaid wages claim. In some cases, they may also be required to pay for attorneys’ fees and court costs.
Under the FLSA, you have the right to sue your employer for unpaid wages if you are a nonexempt employee.
Can Employers Fire Employees for Unpaid Overtime Claims?
Legally, no. It is illegal for an employer to fire, retaliate against, or discriminate against an employee who files an unpaid wages claim against them. If your employer has retaliated against you for seeking the wages you are owed, contact a skilled employment law attorney as soon as possible. You may be able to file an additional retaliation claim to seek further damages.
Common Tactics Employers Use to Deny Overtime Pay
Although violations of federal law are extremely serious, this does not stop many employers from attempting to game the system and pad their bottom line. Some employers try to avoid paying their workers what they are owed by using tactics they think are clever. However, the attorneys at Leichter Law are well-acquainted with the common ways in which employers try to deny workers what they are owed.
Below, we outline several of the most common ways employers commit wage theft.
Many employers intentionally misclassify their employees as exempt to avoid paying overtime rates.
Some employers force their employees to perform work off the clock, but refuse to compensate them for that extra time. Examples include any form of setup before work starts or after work ends.
Some employers offer “compensatory time” instead of overtime. Comp time involves using one’s overtime in exchange for time off at a later date. However, this option is only legal in the public sector.
Employers may incorrectly claim overtime exemptions for employees who do not meet the criteria, such as misclassifying administrative, executive, or professional employees.
Some employers average hours between two or more workweeks to avoid paying overtime. For example, if an employee works 35 hours one week and 45 hours the next, averaging 40 hours a week. However, the employee is still entitled to overtime compensation for the 5 hours of overtime worked in the second week.
Which Workers Are Most Often Denied Overtime Compensation?
Some workers are taken advantage of by employers more often than others. However, any nonexempt employee could be the victim of unpaid overtime. Some employees who see wage and hour violations more often than others include the following.
Hourly and Salaried Employees
Both hourly and salaried employees can be the victims of wage theft. Contrary to popular belief, simply being a salaried employee does not exempt someone from overtime. Employers often use this common misconception to their advantage and misclassify their nonexempt employees as exempt.
Independent Contractors
An employer may try to deny an employee overtime by listing them as an independent contractor. However, many independent contractors are entitled to overtime pay. If your employer has classified you as an independent contractor and failed to pay what you are owed, contact Leichter Law as soon as possible.
Janitorial Workers
Janitors and custodial staff are commonly denied overtime that they earned. However, it is a violation of the FLSA to deny paying overtime to a nonexempt janitorial worker.
Day-Rate Workers
Some employees work for day rates, meaning they are paid per day that they work. An employer may assume that this means they are not entitled to overtime, but this is not always the case. Employers who fail to pay wages to nonexempt day-rate workers could face serious consequences.
Call Center Workers
In recent years, the number of both call centers and call center employees has exploded. Unfortunately, the telemarketing industry is not immune to attempted wage theft. Many call center workers regularly exceed 40 hours in a workweek, and they are usually entitled to overtime pay.
Suing for Unpaid Overtime in Cibolo, TX
If your employer failed to pay you the overtime compensation you earned, you need the unpaid overtime attorneys at the Leichter Law Firm. You may have the right to file an unpaid wages claim under federal or state law. Employment law cases are often incredibly complex, which is why you need an unpaid wages lawyer for your case.
At Leichter Law, we have considerable experience fighting for the rights of employees in cases against their employers. With the help of a board-certified labor and employment law specialist, you can seek lost wages and other damages from your employer.
Contact a Cibolo Unpaid Overtime Attorney at Leichter Law
Labor and employment laws are incredibly complex. This is why we strongly recommend working with a law firm that has decades of experience in Texas employment law. At Leichter Law, we have represented countless employees in their employment disputes. Not only can we help you file a claim for unpaid wages, but we also handle cases involving sexual harassment, retaliation, and more.
To schedule your free consultation with our talented legal team, please call our office at (512) 495-9995 today.
Get in Touch
Office Locations
1602 E 7th St
Austin, TX 78702
Phone: (512) 495-9995
Get Directions
3700 N Main St
Houston, TX 77009
Phone: (713) 714-2446
Get Directions
214 N 16th St #128
McAllen, TX 78501
Phone: (956) 205-0884
Get Directions
