One of the largest sources of wage theft in the United States is from unpaid overtime. Employers who force employees to work off-the-clock, pay "comp time" instead of overtime wages, deduct time, or improperly pay workers are legally responsible for paying workers what they are owed.
Unpaid overtime takes numerous forms. For example, many employers frequently misclassify employees as exempt from overtime by paying those employees a salary instead of an hourly rate. Employers may also improperly classify workers as independent contractors, when those workers are actually employees. Unpaid overtime may also include not being properly paid for meal and rest breaks or only marking down scheduled work hours on your timesheet despite arriving early and leaving late.
Any time you are not paid the full amount you are owed for time worked under federal and state labor laws, you are owed back pay. Unfortunately, many employees do not even realize that they are entitled to unpaid overtime until they speak to a lawyer.
Fair Labor Standards Act Overtime Provisions
The FLSA is a federal law that governs minimum wage and overtime pay. Unless you are exempt from FLSA requirements, you are owed time-and-a-half for all hours you work over 40 in one week. Some states, including New York, require some workers to be paid overtime even if they are exempt under the FLSA.
The FLSA allows employees to recover double damages if the employee successfully demonstrates that he or she is owed unpaid overtime.
Industries and Workers We Represent
With decades of experience helping workers recover the wages they are owed under the law, the unpaid overtime attorneys at Thomas & Solomon LLP, recover millions in unpaid wages and damages every year for their clients. We have helped people across industries, including:
- Oil and gas industry workers
- Hospital workers
- Assistant managers/shift supervisors
- Call center employees
- Computer/IT employees
- Restaurant workers, banquet servers and delivery drivers
- The financial industry
Call for a Comprehensive Case Evaluation Today
Many employees do not realize that they may have a claim for unpaid wages. In fact, while many employees are paid on a salary basis, the exemption requirements to be paid a salary are demanding and require careful analysis to determine if you are properly classified. Our attorneys are highly experienced in evaluating unpaid overtime claims and other wage disputes, and can provide a thorough analysis and case evaluation to determine if you are owed unpaid overtime. Call us at 585-272-0540 or our toll free number 1-877-272-4066 , or reach us online.