I Did Not Get My Overtime Pay: What Should I Do?
Overtime Pay Guaranteed by Federal Law
As a general rule, employers are lawfully required to pay all employees overtime pay, unless an employer can prove a certain employee is exempt. If your employer does not pay you overtime and you do not fall into one of the few exemptions, call us for a free consultation. We are employee-focused attorneys who will fight to get you paid all the overtime pay you are owed. Depending on the facts of your case, we can bring your employer to justice by filing a lawsuit in state or federal court against your employer for the overtime pay you are owed pursuant to federal law and if you live in a state with an overtime pay law, we can also pursue your claims under state law.
Employees Entitled to Overtime Pay
Sometimes you know when your employer has cheated you out of overtime pay. You worked 50 hours and got paid for 50 hours at your regular rate. If that has happened to you, you were cheated. Call us. You have rights that can be vindicated. For any hours worked over 40 in a week, employees are entitled to time and a half. So, for those extra 10 hours, you should have received extra payment for the overtime.
Other times, employers cheat you out of your overtime and you may not even know it is happening. For example, employers can claim that you are not entitled to overtime because you are “highly paid” and that “highly paid” employees are not entitled to overtime. That is false. Many highly paid employees are entitled to overtime. As another example, an employer might try and cheat on overtime pay obligations by claiming you are “an executive employee” and that “executive employees” are not entitled to overtime pay. Again, that is false. Just because your employer calls you an executive employee does not mean that you are an executive employee for purposes of overtime pay statutes. You should call worker rights and wage and hour attorneys like us to learn your rights.
Overtime Pay Violations
Other ways that employers cheat workers out of their wages and overtime include:
- Falsely claiming that salaried employees are exempt from overtime
- Failing to properly calculate overtime at the legal overtime rate
- Falsely classifying workers as exempt from overtime
- Falsely classifying workers as “independent contractors” rather than “employees” — generally, only employees are entitled to overtime; employers routinely misclassify workers in order to cheat them out of wages, overtime and other benefits
- Having workers do work without being paid — workers have a right to be paid for all work, including off-the-clock work; if off-the-clock work puts the employee over 40 hours, they also have a right to overtime
- Not paying workers for off-the-clock work such as meetings, training sessions, travel time and other duties defined as “work” — if these non-paid hours put the employee over 40 hours in a given week, their employer has cheated them out of overtime
- And numerous other schemes employers use to cheat workers out of their overtime
If your employer has cheated you out of overtime pay, you have rights. You can recover your unpaid overtime wages, statutory damages and penalties and, often, your employer will be forced to pay the fees and expenses of your trusted and talented employee rights lawyers.
Call the Employee Rights Attorneys at Herrmann Law Today
For more information, call the Employee Rights attorneys at Herrmann Law. If you think that your employer has violated your rights as an employee, call us. We are proven, experienced, employee-focused attorneys representing workers across the United States in all types of workplace disputes. Use our Online Contact page or call us at (817) 479-9229. We are more than just a law firm for employees – we are an employee’s fiercest advocate, equipping employees with the legal representation needed to achieve the best result possible.
