Unpaid Overtime Litigation

When Does Overtime Pay Start?

Under the Fair Labor Standards Act employees are entitled to overtime pay when they work more than 40 hours in a week. Employers violating the Fair Labor Standards Act may implement comp time schemes by telling the employee to only work 20 hours one week because the previous week the employee worked 60 hours and then the company will report 40 hours for each week. Although the employee is working the same amount of hours (80 total in two weeks), this is nevertheless a violation of the Fair Labor Standards Act and Texas overtime regulations.

Salaried Employees May Be Entitled to Overtime

Paying overtime is not a privilege your employer has. Even if you work on a salaried basis, you may legally be entitled to overtime. The fact that you are a salaried employee is not what determines whether your employer can deny paying you overtime.

Excuses Your Boss Gives You

The overtime lawyers of The Vethan Law Firm, P.C. are experienced in going after unscrupulous employers for denying overtime claims. These employers may use various excuses to avoid paying overtime. But an excuse is just that – an excuse. It does not give a bad employer the right to refuse paying you what you are owed by law.

Bogus Excuses for Not Paying Overtime:

  • You are on Salary, so you don’t qualify for overtime.
  • You are an independent contractor. We don’t have to pay you overtime.
  • If you worked over 40 hours this week, you can work fewer hours next week.
  • Waiting time is not working time.
  • “On call” time is not working time
  • You are not entitled overtime if you are given time off.
  • Employers requiring you to work off the clock.

If you believe you and your co-workers have been denied overtime, when you are legally entitled to it, call our office. If you delay filing your overtime claim, you may be too late. The Vethan Law Firm’s overtime lawyers investigate overtime violations going back two years, and maybe three years if the violation was willful.

If you are a Texas or California employee and you feel you have been denied overtime that is rightfully owed to you, speak with one of our overtime attorneys today. Remember, the statute of limitations may bar certain claims you may have, so speak to one of our employment attorneys as soon as possible. Once the clock runs out on your claim, you may not be able to bring it again.