Employment Overtime Claims Attorney
At Serling & Abramson, P.C., our employment overtime claims practice is dedicated to one primary goal: securing the wages that workers are entitled to for their labor. If you believe your employer is violating your rights by misclassifying your employment status, refusing to pay you overtime, making you work off the clock, or committing other labor law violations, we are here to help. You don't need to fear retaliation from your employer for pursuing a claim, as it is illegal for them to do so. By reaching out to our law firm, you have everything to gain and nothing to lose.
Understanding Overtime Pay Requirements
The Fair Labor Standards Act (FLSA) mandates that employers compensate non-exempt employees at one-and-a-half times their regular rate for all hours worked over 40 in a week. Unfortunately, employers often attempt to circumvent these overtime laws by misclassifying employees as exempt or by asking them to work off the clock. It is also illegal under the FLSA for employers to provide "comp time" in place of paying overtime wages. If you qualify and work overtime hours, you are legally entitled to receive time-and-a-half pay.
Overtime Pay for Salaried and Flat-Rate Employees
A common misconception with employment overtime claims is that salaried or flat-rate employees are not eligible for overtime pay. Employers sometimes classify employees as salaried to avoid paying overtime, even when they should be considered hourly workers under the law. The FLSA looks beyond just the salary or hourly classification, examining the employee's total pay and job duties to determine if they truly qualify as exempt. If an employee does not meet federal wage laws for "exempt" status, they must be compensated for overtime hours.
Do Any of These Situations Apply to You?
If you find yourself in any of the following situations, you may have a valid employment overtime claims case against your employer:
- You are paid hourly but do not receive time-and-a-half pay for working more than 40 hours per week.
- You work as an hourly employee but have never received overtime pay.
- You have performed work for your employer for which you were not compensated.
- You are asked to carry out job-related tasks while off the clock.
- You receive a salary, but your job duties are similar to those of hourly employees.
- You are paid a salary, but you suspect your employer does this to avoid paying overtime.
- You are paid a "day rate," "per piece," or "per job" rate.
- Your employer classifies you as an "independent contractor" but treats you like an employee.
- You often work through your breaks, but the time is deducted from your paychecks.
- You have a claim unrelated to overtime against your employer's misconduct.
If any of these situations sound familiar, contact us immediately for a confidential employment overtime claims case review. Our employment lawyers work on a contingency basis, meaning you pay nothing unless we recover unpaid wages for you.
Protecting Your Right to Overtime Pay
Federal wage laws, such as the FLSA, provide specific protections to ensure that employees receive fair compensation for their work. If you qualify for overtime pay, your employer cannot lawfully withhold it. Employers often violate these laws by failing to keep accurate records of hours worked, engaging in illegal retaliation, or misclassifying employees as exempt. Our experienced overtime lawyers will investigate the situation, gathering payroll records and other evidence to build a strong unpaid overtime claim on your behalf.
The Legal Process for Overtime Claims
If you suspect you have been denied overtime pay, and would like more information on filing employment overtime claims, our employment attorneys can guide you through the legal process of filing a claim. We start with a detailed review of your employment status, job title, and duties to determine whether you are classified correctly under federal and state overtime laws. We will then assess your hourly rate, calculate your unpaid overtime wages, and pursue legal action to recover these wages.
Overtime Pay for Salaried Employees
Even if you are a salaried employee, you may still be eligible for overtime pay if your job duties do not qualify you as exempt under the FLSA. The classification of exempt and non-exempt employees is not solely based on salary but also on the nature of your work. If your employer has misclassified you to avoid paying overtime, you may be entitled to back pay and other damages.
Wage Theft and Employer Misconduct
Wage theft occurs in various forms, such as failing to pay minimum wage, withholding overtime pay, or requiring employees to work off the clock. Employers are legally required to maintain accurate records of employees' work hours and compensate them for any time worked beyond 40 hours per week. If your employer has engaged in illegal overtime practices or willful violations of the FLSA, they may face criminal penalties and be required to pay double damages in addition to the unpaid wages.
Statute of Limitations for Overtime Claims
It's important to act quickly if you believe you have an employment overtime claims case. The FLSA sets a statute of limitations for filing a claim, typically two years from the date of the violation. In cases of willful violations, the statute of limitations may extend to three years. If you wait too long to file a claim, you may lose the right to recover the unpaid wages you are entitled to.
Your Rights Under Federal and State Labor Laws
As an employee, you have the right to receive fair wages and be compensated for your time worked. This includes being paid at least the federal minimum wage and receiving overtime pay when applicable. Employers are prohibited from retaliating against employees who assert their rights under the FLSA and other labor laws. Our employment attorneys will fight for your rights and work to secure the compensation you deserve.
How We Can Help
Serling & Abramson, P.C. has a proven track record of representing employees in unpaid overtime lawsuits. We offer comprehensive legal services, from filing a complaint with the Department of Labor to pursuing litigation in federal court. Our knowledgeable attorneys will handle all aspects of your case, including gathering evidence, calculating your unpaid wages, and negotiating with your employer to reach a fair settlement.
Free Confidential Case Review
If you believe you have a claim for employment overtime claims including unpaid overtime, contact us for a free, confidential case review. We operate on a contingency basis, so there are no upfront fees, and you pay nothing unless we win your case. Don't let fear of retaliation prevent you from pursuing your rightful compensation. Our employment lawyers will work tirelessly to ensure you receive the wages you are owed and protect your rights as an employee.
Conclusion
You work hard, and you deserve to be paid fairly for your time and effort. If your employer has failed to pay you overtime wages or has violated wage laws in any way, you have the right to take legal action. At Serling & Abramson, P.C., we are committed to fighting for employees' rights and ensuring they receive the compensation they are entitled to. Contact us today to discuss your case and learn more about how we can help you recover your unpaid wages.
