Unpaid Overtime Lawyer in Schertz, TX
Unpaid overtime is a widespread issue that affects countless employees in Schertz, Texas, and across the United States. Our attorneys can provide an in-depth understanding of unpaid overtime, the laws surrounding it, and how you can protect your rights as an employee. If you believe you are owed unpaid overtime, you may be entitled to compensation. Contact an unpaid overtime lawyer in Schertz at Leichter Law to discuss your case and explore your legal options.
To schedule a free consultation with us, please call our office at (512) 495-9995 today.
What Is Unpaid Overtime in Schertz?
Unpaid overtime refers to the situation in which an employer fails to compensate an eligible employee for the extra hours worked beyond the standard 40-hour workweek. It is a form of wage theft. In Schertz, Texas, as in the rest of the United States, most employees are entitled to overtime pay at a rate of one-and-a-half times their regular hourly wage for every hour worked beyond 40 hours in a workweek. This compensation is mandated by federal law.
Which Jobs Do Not Receive Overtime Pay in Texas?
While most employees in Schertz are entitled to overtime pay, there are certain exceptions. The FLSA establishes which employees are and are not entitled to overtime wages. Depending on the categories that a worker falls under, they may or may not be eligible for overtime.
Below, we outline three main categories of exempt employees under the FLSA.
Those who earn more than $107,432 a year and meet certain requirements are not eligible for overtime wages.
Many salaried employees are not eligible for overtime pay. However, simply earning a salary does not automatically exempt someone from overtime.
Certain industries and specific jobs have additional regulations regarding overtime wages. Examples of these occupations include healthcare workers, agricultural employees, and truck drivers.
Exempt Employees vs. Nonexempt Employees
Exempt employees are not entitled to overtime pay under federal law. They are typically salaried employees who hold managerial, executive, professional, or administrative positions and meet specific criteria outlined in the Fair Labor Standards Act (FLSA). Exempt employees are generally paid a fixed salary regardless of the number of hours worked, even if they worked overtime hours.
On the other hand, employers must pay overtime wages to nonexempt workers. Nonexempt employees are entitled to overtime pay under the FLSA. These employees are typically paid on an hourly basis and include a wide range of workers in various industries, from retail and manufacturing to healthcare and hospitality. The FLSA’s overtime provisions cover nonexempt employees.
What Are the Federal Overtime Laws?
The cornerstone of federal overtime laws in the United States is the Fair Labor Standards Act (FLSA). The FLSA sets the minimum wage, maximum hours of work, and overtime pay requirements. It is the principle on which many other federal and state laws base their wage and hour regulations.
Fair Labor Standards Act (FLSA)
The FLSA was enacted in 1938 to protect workers from unfair labor practices and ensure they are fairly compensated for their time and effort. Under the FLSA, the following changes were made to the previous wage and hour provisions.
- The federal minimum wage is established, and employees are entitled to the prevailing minimum wage in their state.
- Overtime pay is mandated for nonexempt employees who work more than 40 hours in a workweek. This pay must be at a rate of one-and-a-half times their regular hourly wage.
- Child labor laws are implemented to protect young workers from hazardous or exploitative employment.
- Record-keeping requirements are enforced to ensure employers maintain accurate time and wage records.
What Are Your Rights Under the FLSA?
As stated before, the Fair Labor Standards Act offers a wide range of protections for workers in the United States. It protects them against minimum wage violations, overtime violations, and more. If you do not receive overtime pay when you are entitled to it, you can file an unpaid wages claim against your employer.
With the help of our skilled overtime lawyers, you can gather evidence of your employer’s failure to pay what you are owed. Once we build a solid case, we will help you file a claim. You worked long, hard hours for overtime compensation, and we can hold your employer accountable for not paying.
Can an Employer Fire an Employee for an Unpaid Overtime Claim?
Under the FLSA, it is illegal for an employer to retaliate against an employee for asserting their rights to unpaid overtime. This means that if you file a complaint or claim for unpaid overtime or wage theft, your employer cannot fire you, demote you, or take any adverse actions against you in retaliation.
If you believe you have been subject to retaliation for asserting your rights, you may have a separate claim against your employer. Contact an employment law attorney as soon as possible to discuss your case.
How Do Employers Deny Overtime Pay?
Employers may employ various tactics to deny employees their rightful overtime pay and commit other wage and hour violations. Some common ways in which employers may deny overtime pay include the following.
Employers may wrongfully classify employees as exempt, when they should be considered nonexempt. This misclassification allows them not to pay overtime wages.
Some employers may ask employees to work off-the-clock, which means working without recording those hours. This is a clear violation of the FLSA.
Employers may offer “compensable time off” (comp time) in lieu of overtime pay. However, this is usually illegal under federal law.
Many employers try to average hours across more than one pay period not to pay overtime. For example, imagine that an employee works 45 hours in a particular workweek, then 35 hours the next. If an employer averages the hours over these two weeks, the employee worked an average of 40 hours a week. However, the employer cannot legally deny overtime for the 5 overtime hours the employee worked the first week.
Which Types of Employees Often Have Unpaid Overtime?
Unpaid wages can affect employees in various industries and job roles. Some of the common categories of employees who may experience lost wages include the following.
Salaried and Hourly Employees
Both salaried and hourly employees can face unpaid overtime issues. Salaried employees are often misclassified as exempt, while hourly employees may work off-the-clock without proper compensation.
If you are a salaried or hourly employee facing overtime issues, contact an unpaid wages lawyer and take legal action to recover what you are owed.
Independent Contractors and Day-Rate Workers
The FLSA may not cover some independent contractors and day-rate workers, but employers sometimes misclassify employees in these roles to avoid paying overtime.
If you are an independent contractor or day-rate worker with unpaid overtime, contact the employment law attorneys at Leichter Law.
Call Center Employees
Call center employees frequently work long hours, especially during peak seasons. Employers may pressure them to work off-the-clock or not accurately track their hours.
A call center employee facing wage and hour violations should contact an employment lawyer as soon as possible for a free case evaluation.
Janitorial and Custodial Staff
Janitorial and custodial staff often work irregular hours, and employers may take advantage of their situation by not paying proper overtime.
Employees who have been denied overtime they rightfully deserve should seek legal counsel about their case right away.
How to Sue for Unpaid Wages in Shertz, TX
If you were denied overtime, you have the right to take legal action to recover the wages you are owed. You can file a claim under either state or federal law, depending on which is more appropriate for your case. If you believe you have an unpaid wage claim, we recommend the following steps.
If you were denied overtime, you have the right to take legal action to recover the wages you are owed. You can file a claim under either state or federal law, depending on which is more appropriate for your case. If you believe you have an unpaid wage claim, we recommend the following steps.
- Document your hours: Keep accurate records of your work hours, including start and end times, breaks, and any off-the-clock work.
- Contact an employment law firm: Contact an experienced employment law attorney in Schertz to discuss your situation and determine the best course of action.
- File a complaint: Your attorney can help you file a complaint with the Department of Labor’s Wage and Hour Division or a similar state agency.
- File a lawsuit: If the complaint process does not yield the desired results, your attorney may advise you to file a lawsuit against your employer for unpaid overtime wages.
- Recover your wages: If your claim is successful, you may be entitled to back pay for unpaid overtime, liquidated damages, attorneys fees, and court costs.
Contact the Schertz Unpaid Overtime Lawyers at Leichter Law
If you believe you have unpaid overtime claims or are facing any employment law issues in Schertz, Texas, the dedicated team at Leichter Law is here to assist you. Our experienced employment law attorneys have a deep understanding of the FLSA and Texas employment laws, and we can help you pursue the compensation you rightfully deserve.
It is illegal for an employer not to pay wages their employees are entitled to. Our team is here to fight for your legal right to be properly paid for your hard work. Contact us today for a free consultation by calling (512) 495-9995, and let us fight for your rights as an employee. Don’t let unpaid overtime go unaddressed—reach out to Leichter Law today.
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