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Wage and Overtime Law

Your employer might owe you thousands of dollars in unpaid overtime, minimum wages, or wages, but you need to act quickly to not give away the rest of the money that you earned. Most workers are entitled to receive overtime pay, but usually have only two years to bring a claim for overtime wages.

Employees who did not get overtime pay for all time over 40 hours worked in one workweek may be eligible to file an overtime lawsuit. Others who should have been classified as employees or were actually classified as employees but not paid enough may be entitled to bring a claim for unpaid minimum wages.

To avoid forever giving away the money that you worked hard to earn, and to prevent your employer from being able to keep your money, you need to contact us now to have a free consultation to discuss whether and how we can help you.

You can recover overtime pay even if you were paid a salary, had the title of manager or supervisor, did not have to keep time records, did not receive prior approval for overtime, agreed to not receive overtime pay, get time off, or worked less instead of receiving overtime pay.

Employers try to use these tactics to avoid paying overtime, but you still may be entitled to overtime pay under any of these scenarios. The FairLaw Firm can help determine if you are eligible to bring a claim for overtime pay and then assist you in recovering the money you are owed.

Likewise, the FairLaw Firm can help if at your work you were called a day laborer, independent contractor, contractor, or 1099 worker when you really were an employee.

A label is just that, and so the FairLaw Firm will consider all of the circumstances of your work to help decide whether you were actually an employee who is entitled to minimum wages and possibly overtime pay.

The FairLaw Firm also can assist those who were paid less than minimum wage in other situations, such as when tips or other wage supplements are involved.

For those who have been denied the overtime pay, minimum wages, and wages they earned, the FairLaw Firm is familiar with overtime issues involving numerous categories of employees in differing lines of work, including the following examples:

Restaurant workers such as wait staff (servers, waiters, waitresses), hosts and hostesses, bar staff (bar backs and bartenders), cashiers, kitchen staff (cooks and prep staff), and cleaning staff.

Hotel and Motel staff such as those employees involved in cleaning, janitorial services, facilities maintenance, engineering, front desk, bell staff, reservations, security, recreational activities, and telephone operators.

Construction Workers and Tradesman such as roofers, laborers, carpenters, machine operators, painters, plasterers, plumbers, HVAC, electricians, handymen, pipefitters, sheet metal workers, carpet and flooring installers, tile and marble setters, drywall installers, paperhangers, brickmasons, stonemasons, helpers, telecommunications installers, satellite installers, and others who work on and around the construction, demolition, and remodeling of properties.

Service Technicians also may be entitled to the protections afforded by the FLSA for those who work as marine mechanics, aviation mechanics, diesel mechanics, automotive technicians, automotive mechanics, audio-visual technicians and installers, body shop workers, mobile heavy equipment mechanics, motorcycle mechanics, tire repairers and changers.

Office and Administrative Support employees, including answering service workers, switchboard operators, receptionists, payroll and timekeeping clerks, customer service representatives, file clerks, copy and office support personnel, couriers and messengers, shipping and receiving clerks, legal secretaries, medical secretaries, data entry personnel, word processors and typists, and office clerks.

Maintenance and Upkeep employees such as landscapers, groundskeepers, exterminators, septic tank servicers, sewer line and pipe cleaners, pool cleaners, appliance repairmen (refrigerators, washers, dryers, and televisions), handymen, and domestic staff.

Factory workers in various industries are entitled to wage protections.

Agricultural workers can include jobs that are entitled to minimum wage and overtime protections.

Employees in other working environments not mentioned above also may be entitled to minimum wage and overtime protections.


Some common questions and answers can be found below, but since each particular situation can be different, you should contact the FairLaw Firm if you believe that your rights have been violated.


What Is the FLSA?
The Fair Labor Standards Act (“FLSA”) is a federal law that regulates minimum wages, overtime, overtime pay, and identifies those limited employees who are not entitled to receive overtime pay. The FLSA was enacted to protect workers and allows those whose rights were violated to recover (1) outstanding overtime pay, (2) a penalty fee, and (3) attorneys’ fees and costs, in many instances. It is a powerful tool which is available to workers to obtain fair pay.

What Are Overtime and Overtime Pay?
Overtime is when you work more than forty hours in a consecutive seven-day workweek, and overtime pay is one and one-half times your regular pay. According to the FLSA, most workers are entitled to receive overtime pay when working overtime. So, someone who gets $10.00 per hour must be paid $15.00 per hour for all time worked over 40 hours in a workweek. Employers are required to pay you overtime pay, even though you never asked for it. If you did not get the overtime pay you earned, then you may be entitled to recover double the overtime pay plus your attorneys’ fees.

Do I Still Have a Case if I Was Paid a Salary?
Most employees are entitled to receive overtime pay when they work overtime, since the right to receive overtime pay is not limited to workers who are paid hourly, but includes people who are paid a salary. Often, employees who are paid salaries don’t do the kind of work that would make them “exempt”. Since not everyone is entitled to overtime pay, the FLSA identifies certain categories of “exempt” workers as well as the factors to be considered to determine whether someone is “exempt” and not entitled to overtime. Employees who are paid less than $23,600 per year ($455 per week) are not usually “exempt”, but employees who earn more than $100,000 per year are usually “exempt”.

Can I Make a Claim if I Was a Manager or Supervisor?
Your job title does not determine whether you are entitled to have been paid overtime. Instead, the FLSA considers a list of factors that are to be considered when deciding whether someone is entitled to overtime or is “exempt”. The FairLaw Firm has the experience and resources necessary to determine whether you were entitled to overtime pay.

I Agreed to Not Get Overtime Pay Because I Wanted Extra Hours, What then?
You cannot waive your right to receive overtime pay except in limited circumstances. This means that although you bargained to work overtime for regular pay, you still may be able to bring an unpaid overtime claim. So, we can help you even if you had agreed to not seek overtime.

What If I Did Not Have Io Keep Time Records
The FLSA requires employers to keep time records for every employee which identify (1) the date and time when each workweek started, (2) the number of hours worked each week, (3) the total number of hours worked every day, (4) the hourly pay rate for weeks in which overtime was worked, and (5) the amount of wages earned during each pay period. If your employer did not keep these kinds of records for you, then you can still bring an overtime claim. And, your employer will have a hard time disputing the overtime pay you are claiming.

Do I Have To Pay The Company’s Legal Fees If I Lose My Case?
Usually the answer is no, except in the unlikely event a court were to decide the suit was “frivolous” and filed without any merit whatsoever. However, if a client loses the case, the court may make the client pay for the “costs” of the lawsuit – which include such things as court reporter costs, charges for copies of depositions, etc.

Can I Get Fired For Brining An Overtime Claim?
No, and the FLSA has a provision that is intended to not only discourage employers from firing employees who bring claims, but also has other provisions to penalize employers who do. In particular, the FLSA states that it is “…unlawful for any person… to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted any or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding.”

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