Under the Fair Labor Standards Act, most employees who work more than a 40 hour workweek are entitled to receive time and a half pay for every hour they work over a 40 hour workweek. If you have worked over 40 hours per week and are not receiving time and a half pay, you may be due unpaid overtime. Unpaid overtime can add up over time. Some workers learn that they may be entitled to receive thousands, tens of thousands, and in some rare cases, even hundreds of thousands of dollars in unpaid overtime.
Sometimes companies may wrongfully declare a worker exempt from overtime pay. Companies sometimes try to save money by misclassifying workers (such as telling workers they are independent contractors when these workers should be considered employees), telling workers they cannot log travel time, standby time, or after-hours phone calls as paid work time, or they may tell workers that they are exempt because they earn a salary. Moore & Associates are unpaid overtime attorneys in Texas who can review your situation, help you understand whether you are or are not exempt, and help you fight to get the unpaid overtime you may be entitled to receive. Contact Moore & Associates, unpaid overtime attorneys in Texas today to learn more,
Am I Exempt from Overtime in Texas?
Certain workers are exempt from overtime pay. Not all workers may be aware of whether or not they are exempt. According to the United States Department of Labor, the following types of workers may be exempt from overtime pay:
- Executive, administrative, and professional workers, like teachers, or skilled computer workers
- Seasonal workers, like amusement park personnel
- Workers on foreign vessels
- Fishing workers
- Farm workers
- Certain newspaper workers and delivery personnel
- Certain types of caretakers
- Commissioned workers
- Motion picture workers
- Certain types of auto, railroad, truck or farm workers
- Certain hospital workers whose hourly week is determined bi-weekly
- Certain workers who are completing their educations while working
- Certain workers who are bulk petroleum distributors or who work in agriculture
- Certain domestic workers
- And other lines of work not listed here…
If you are labelled an independent contractor, you may also be exempt from overtime pay. However, sometimes employers abuse this label to avoid paying overtime or benefits. Certain standards must be met for a worker to be considered a legitimate independent contractor.
Being a salaried employee is not enough to grant your employer an exemption from paying you overtime. You deserve to be paid for every hour you work. There should be no off the clock work. So, are you exempt from overtime pay, or have been denied time and half pay wrongly? Reach out to Moore & Associates, an unpaid overtime lawyer in Texas who may be able to help you understand the law and fight back if you are owed time and a half pay. We can help you fight for your rights.
I Think I’m Owed Overtime Pay: What Can I Do?
If you think you are owed overtime pay, you can take steps to protect your rights. First, take the time to keep records of all hours you have worked. Keep your paystubs, which should include the hours you worked and the rate at which you were paid. If you were asked to travel, to attend meetings, or to wait unpaid before you could start work, keep any records of these situations. If you believe you are owed overtime pay, you may be able to recover your money by filing a lawsuit or a complaint with the government. Moore & Associates are unpaid wages lawyers in Texas who may be able to help you take the next steps to receive the money you may be owed. You may be entitled to receive time and a half pay for every hour you worked overtime in addition to damages for your losses. You may also be able to collect damages for attorney’s fees or punitive damages if your employer egregiously violated the law. Moore & Associates are unpaid overtime lawyers in Texas who may be able to help.
Am I Entitled to Receive Unpaid Wages, or Back Pay in Texas?
Any unpaid overtime or hours not compensated because they were considered wrongly by your employer as unpaid time (examples include telling workers to wait without pay or telling workers they cannot count travel as paid time), could be later claimed as unpaid wages. The Department of Labor, if it receives a complaint and learns that your company was in violation of wage and hour laws, may order your company to pay you unpaid wages or back pay. In other cases, workers sue their employers for unpaid wages. If you believe you may be entitled to unpaid wages, you can file a complaint with the Department of Labor. Moore & Associates are Texas unpaid wages lawyers who can help you collect wages you may be entitled to receive.
Need an Attorney That Handles Unpaid Overtime in Texas?
Under the law, you are entitled to receive money for the time you work and your employer is required to follow the law regarding overtime pay. Employers are not permitted to retaliate if you demand time and a half or unpaid wages. If employers fire you or retaliate, you may be entitled to receive additional damages under the law. If you believe you are being fired for fighting for your rights, or if you have concerns about how to best make a claim for unpaid overtime in Texas, reach out to Moore & Associates today. Before fighting with your employer, it is wise to double check that you are not an exempt worker and to make sure that you have records to prove your claim and case. Our firm can review your case, help you understand your rights, and fight to help you get the unpaid wages you may deserve under the law. Contact Moore & Associates today and let our Texas unpaid overtime lawyers work for you.