Unpaid Overtime Lawyer in Converse, TX
At Leichter Law, we understand that unpaid overtime is a critical issue that affects countless hardworking individuals across various industries. It is an unfortunate reality that many employees find themselves dedicating extra hours to their jobs without receiving fair compensation for their efforts. If you did not receive overtime pay that your employer owed you, contact our unpaid overtime attorneys as soon as possible.
Unpaid overtime not only undermines the financial stability of workers but also raises important questions about employer compliance with labor laws. Our firm is committed to advocating for the rights of employees who have been denied the compensation they rightfully deserve, and we are here to help you navigate the complex terrain of employment law to seek justice and fair treatment in the workplace.
To schedule a free consultation with us, please call our office at (512) 495-9995 today.
What Is Unpaid Overtime in Texas?
Unpaid overtime refers to the situation where an employee works more hours than their regular or agreed-upon schedule, typically exceeding the standard 40 hours per week, without receiving the appropriate additional compensation. It is a form of wage theft.
In many jurisdictions, labor laws require employers to pay employees at a higher rate, typically 1.5 times their regular hourly wage, for each hour worked beyond the standard 40-hour workweek. It is also called “time and a half.” This additional payment is often called “overtime pay” and is intended to compensate employees for the extra time and effort they put into their jobs.
Failure to provide this extra compensation for eligible employees can result in unpaid overtime, which violates labor laws and can lead to legal consequences for employers. Employees who believe they are owed unpaid overtime may seek legal recourse to recover the wages they are owed.
What Jobs Are Not Entitled to Overtime Pay in Converse?
In the United States, the Fair Labor Standards Act (FLSA) establishes rules and regulations regarding overtime wages. While many employees are entitled to overtime pay for hours worked beyond 40 hours in a workweek, some categories of workers are exempt from these overtime provisions. These exempt categories generally fall into three main groups:
Some salaried employees are exempt from overtime pay if they meet certain criteria.
Employees who earn a total annual compensation above a certain threshold ($107,432) and meet minimal job duty requirements may be exempt from overtime pay.
Some industries or occupations have their own rules and exemptions, often established by specific labor laws or regulations. For example, certain agricultural workers, truck drivers, and healthcare professionals may have different overtime rules.
Non-Exempt vs. Exempt Workers
It’s important to note that state labor laws can also provide additional protections and regulations regarding overtime pay, which may vary from the federal standards. Additionally, overtime exemptions can be complex, and whether an employee is exempt or non-exempt depends on their specific job duties and salary.
Nonexempt employees are entitled to overtime pay, while exempt employees are not. Employees who perform the following job duties are exempt from being paid overtime.
Employees primarily engaged in managing the business, directing the work of at least two other employees, and having the authority to hire and fire.
Employees performing office or non-manual work directly related to the management or general business operations of the employer.
Employees in learned professions, such as doctors, lawyers, or engineers, who perform work that requires advanced knowledge and discretion.
Employees involved in computer-related work and who meet specific salary and job duty requirements.
Employees who make sales or obtain contracts away from the employer’s place of business.
Federal Overtime Pay Laws
According to federal wage and hour laws, such as the federal Fair Labor Standards Act (FLSA), all employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek. The overtime rate must be at least 1.5 times their regular rate of pay.
The FLSA is one of the most important parts of employment law, as it establishes many protections for workers. In the following section, we outline the different ways in which the FLSA protects fair working conditions for employees.
What Is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) was enacted in 1938 as a way to protect workers from unfair working conditions and ensure fair pay. It established many benefits and protections for workers, including a federal minimum wage, overtime compensation, and more.
What Are Employee Rights Under the FLSA?
The Fair Labor Standards Act (FLSA) offers a range of protections to workers in the United States. Some of the key protections provided by the FLSA include the following.
- Overtime pay: The FLSA mandates that eligible employees must be paid at a rate of at least 1.5 times their regular hourly wage for hours worked beyond 40 hours in a workweek. Certain employees, such as those classified as exempt under specific exemptions, are not entitled to overtime pay.
- Minimum wage: The FLSA establishes a federal minimum wage that employers must pay to covered employees. Currently, the federal minimum wage is $7.25 per hour.
- Child labor protections: The FLSA includes rules that limit the types of work that minors can perform and restrict the hours they can work, depending on their age. These rules are designed to protect the safety and well-being of young workers.
- Recordkeeping: Employers covered by the FLSA must maintain accurate records of employees’ hours worked, wages paid, and other employment-related information. This helps ensure transparency and compliance with labor laws.
Can My Employer Retaliate Against Me for an Unpaid Wages Claim?
No, your employer cannot legally retaliate against you for filing an unpaid wages claim or asserting your rights under wage and hour laws such as the FLSA. Retaliation for such actions is prohibited by law, and protections are in place to safeguard employees who exercise their rights. If your employer has retaliated against you in some way after you exercised your rights, we strongly recommend speaking with seasoned employment lawyers as soon as possible.
Common Ways Employers Avoid Paying Overtime
There are several common methods employers use to avoid paying the overtime they owe their employees. Although it is illegal to deny overtime pay to someone who is entitled to it, that doesn’t stop everyone from doing it. Some of the most common ways employers shortchange their employees include the following.
Some jobs require a certain amount of setup before a shift starts, and possibly closing responsibilities after a shift ends. These are necessary job duties, but many employers try to argue that this off-the-clock work is not considered overtime. However, if this time exceeds 40 hours in a pay period, it must be compensated at an overtime rate.
Some employers try to offer “comp time” as a replacement for overtime. Compensatory time is the option of exchanging one’s overtime for future time off. This is only legal in the public sector, so other employers cannot legally offer this.
Some employers average hours across multiple weeks. For example, an employee works 45 hours one week and 35 hours the next. They must still be compensated for those 5 overtime hours, regardless of what their average work hours are.
Some employers even go so far as to claim they had no knowledge of the underpayment. However, this is rarely the case. An experienced overtime lawyer can help you gather evidence to prove your employer shorted you intentionally.
Which Employees Are Frequently Denied Overtime?
Certain types of employees experience wage theft more often than others. Examples of employees who frequently suffer unpaid overtime wages include the following.
Hourly and Salary Workers
Both hourly and salary workers can be the victims of overtime and minimum wage violations. A common fallacy is that salaried employees cannot receive overtime pay. However, this is not always the case. Unless a salaried employee meets criteria that make them exempt, their employer must pay overtime when warranted.
Independent Contractors
Many employers try to avoid paying overtime by classifying their employees as independent contractors. They assume that independent contractors cannot earn overtime, but this is not always true. If you are an independent contractor with unpaid overtime, contact a skilled employment law attorney right away.
Day-Rate Workers
Some workers are paid daily rather than weekly, biweekly, or monthly. They are known as “day-rate workers.” Some employers fail to pay overtime for day-rate workers, assuming they are not entitled to overtime. However, many day-rate workers are entitled to overtime compensation.
Call Center Employees
Call centers and call center employees have both significantly grown in numbers in recent years. This is due to the rapid growth of the telemarketing industry. Call center workers often work long hours, and many of their employers fail to pay them the overtime they earned.
Janitorial and Custodial Workers
Custodial and janitorial staff are essential to many places of business, yet they are often denied the overtime they deserve. It is a violation of overtime laws to withhold pay for overtime hours from nonexempt employees.
How to Sue for Unpaid Wages in Converse, TX
Wage and hour laws can be incredibly complex, especially considering that state’s often have their own laws that differ from federal laws. If you are the victim of wage theft, contact experienced wage and hour lawyers as soon as possible. A skilled attorney will help you gather evidence to support your claim before filing a lawsuit against your employer.
How Much Can You Recover?
If an unpaid overtime claim is successful, an employee can recover both the lost wages they were initially owed and liquidated damages. This includes compensation for the time the employee waited to receive the initial payment. In some cases, plaintiffs can also recover attorney fees and court costs from the defendant. For more information on the potential worth of your case, contact the team at Leichter Law today.
Why Choose the Leichter Law Firm?
If you need an unpaid wages lawyer in Converse, TX, look no further than Leichter Law. We are an exceptional employment law firm with considerable experience representing employees and protecting their interests. If your employer has failed to pay you the overtime you earned through hard work, we’re here to help you right that wrong.
When you work with Leichter Law, you receive unparalleled legal counsel from a board-certified labor and employment law specialist. Very few attorneys in Texas hold legal specializations, especially in employment law. The team at Leichter Law is passionate about protecting workers’ rights, and you can rest assured that your case will be in the best possible hands.
Contact a Converse Unpaid Overtime Attorney at Leichter Law
If your employer owes you unpaid wages, contact the Leichter Law Firm right away. We can help you recover unpaid wages and hold your employer accountable for their failure to pay. Our attorneys only represent employees, not employers. We do this because of our passion for upholding protections for workers and advocating for their rights. When you work with Leichter Law, we will fight to recover the wages you deserve.
To schedule a free case evaluation about your case, please call our office at (512) 495-9995 today.
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