Experienced Representation In Unpaid Overtime Claims

It takes courage to speak out against an employer who has failed to pay you the overtime you have rightfully earned. It is important to seek the services of a lawyer who will bring the fight to your current or former employer. By doing this, you can give yourself every opportunity to recover the compensation you are owed.

In almost every case of unpaid compensation, more than one employee is being taken advantage of. In almost every case of unpaid compensation, more than one employee is being taken advantage of. One of the main laws involving unpaid overtime is called the Fair Labor Standards Act (FLSA). This law allows employees who have been harmed to bring a claim together.

Therefore, in the majority of our cases, we bring collective action cases. These cases are commonly referred to as class action suits, and generally involve suing an employer on behalf of many similarly impacted individuals.

Our law firm brings cases in federal courts throughout Texas and the United States. When necessary, we work with other lawyers across the country.

We Take on The Challenge of Unpaid Overtime Disputes

Unpaid overtime claims can involve many different situations. Workers in a broad spectrum of fields and industries may not be receiving the overtime pay they should receive. Our law firm works with people from all walks of life, including:

Oil and Gas Industry

The oil and natural gas boom has greatly increased the demand for workers throughout the United States. At the same time, it is common for people in the energy industry to work 100 hours or more in a given week. In this environment, many businesses take advantage of their employees by failing to pay them proper amounts of overtime pay.

Many oil and gas companies pay their employees at a day rate; other employees are paid a salary. In many cases, however, salaried employees are misclassified by their employers to avoid paying overtime.

There are many jobs in the oil and gas industry for which overtime may be available. For instance, equipment operators, loggers, drillers, mechanics, inspectors, swampers and others may be eligible to recover unpaid overtime. Typically, when an employer fails to follow the laws, many workers are impacted.

Health Care Profession

While many health care workers are exempt from wage and hour laws, many health care workers are eligible for overtime. Despite this, many in the health care profession do not receive the overtime they are due.

Depending on your job duties, you may be eligible for overtime. Unfortunately, many health care workers are paid a flat fee for each shift, regardless of how many hours are worked. In many instances, employers use these methods to avoid paying overtime.

Home health care aides are very susceptible to this type of exploitation. Other health care workers, such as nurses and nursing home caregivers, may also be forced to work more than 40 hours in a week without receiving overtime pay.

Sales

While outside salespeople are not generally eligible for overtime, many inside salespeople are eligible for overtime. Despite this, many inside salespeople and other commissioned employees do not receive the wages they are entitled to under the law. Under the Fair Labor Standards Act (FLSA), salespeople may be eligible for overtime under certain circumstances.

Typically, outside salespeople (people who are “customarily and regularly engaged away from the employer’s place of business”) are not eligible for overtime.

On the other hand, inside salespeople, and even people who make sales calls from their home, may be eligible for overtime. Any person who earns commission as part of his or her wages, such as an inside salesperson, a telemarketer, a collections agent, or someone in a similar position, may be eligible for overtime.

IT

While many technology workers are not entitled to overtime, there are still many workers who may be eligible for overtime. Many tech companies, unfortunately, go to great lengths to avoid paying workers overtime, even if they qualify.

Under the federal Fair Labor Standards Act (FLSA), salaried employees may not be eligible for overtime based on the following factors:

  • The employee’s primary duties are related to management or general business operations
  • The employee’s primary duty involves exercising “discretion and independent judgment”

If your duties involve performing repetitive tasks and following procedures set forth by management, you may be able to recover unpaid overtime. On the other hand, if you are designing programs and have authority to make changes within your company, you are likely exempt from overtime.

Undocumented Workers

Many people living and working in Texas and throughout the United States do not have necessary documentation.

Many times, employers fail to pay undocumented workers overtime. Under United States law, workers who qualify for overtime are entitled to receive time-and-a-half for their hours worked.

Unfortunately, many workers in this position do not speak up, believing they are at risk for deportation or removal. It is important to know that an undocumented worker cannot be deported for bringing an unpaid overtime claim. In fact, if you bring a case against your current or former employer, the court will not ask about your immigration status.

Day Rate Workers

Certain industries, such as oil and gas and construction, frequently pay workers by the day rather than by the hour. Nursing homes may sometimes pay their employees by the day as well.

Simply paying employees at a day rate does not mean that employers can avoid overtime and minimum wage laws. For example, many people in the oil and gas industry will work 15 or 20 hours in a day.

If you are being paid by the day, but are working more than 40 hours a week, your employer may be violating federal law.

We understand all of the possible tactics employers use, from misclassifying salaried employees to paying employees on a day rate to avoid paying overtime. We also see employers fail to account for legitimate travel time or classify workers as independent contractors.

Whatever your case involves, we can present a powerful case on your behalf.