Attorney Review for Unpaid Overtime Cases

Under the provisions of the Fair Labor Standards Act (FLSA), workers who are considered non-exempt employees must be paid overtime wages for every overtime hour worked. Employers are legally bound to provide this pay to covered workers.

The FLSA prohibits companies from using methods like employee misclassification to avoid paying overtime wages. If you believe your employer is committing overtime violations and depriving you of pay, you can seek legal help. Requesting an attorney review for unpaid overtime cases can help you decide whether you have a viable claim.

Unpaid Overtime Violations

Most hourly, day-rate, and some salaried workers are classified as non-exempt under the FLSA, which means they should be paid overtime for hours worked beyond 40 in a workweek. Some examples of exempt employees who are not owed overtime pay include:

• Individuals in executive roles
• Certain higher-level administrative and computer professionals
• Individuals in specific outside and commissioned sales roles

All non-exempt workers must be paid overtime. There are numerous ways that employers may engage in unpaid overtime violations to attempt to save money and steer around these obligations. These include schemes such as:

• Requiring employees to work off the clock
• Paying straight time for overtime hours
• Paying a day-rate with no overtime for hours over 40 per week
• Averaging the hours that the employee works over multiple weeks
• Inaccurately calculating the overtime pay rate
• Misclassifying employees as exempt or as independent contractors
• Paying overtime on a separate check or in cash to avoid paying time and a half
• Paying a salary to a non-exempt employee to avoid paying overtime
• Asking employees to sign a contract waiving their right to overtime

Unless a worker fits into one of the few situations that would result in exemption from overtime requirements, it is against the law for their employer to withhold overtime pay. In an attorney review for a potential unpaid overtime case, evidence such as pay stubs, records of hours worked, and details about your job classification will be vital to establish whether proceeding with a legal claim is possible.

Suing for Unpaid Overtime

Most of the time, overtime protections extend to employees regardless of how they are paid. Salaried, hourly, piece rate, commissions, day rate, and flat rate employees can all be entitled to receive overtime.

When you pursue a claim against an employer for unpaid overtime, an attorney can review and explain what forms of compensation may be available. In addition to backpay for unpaid overtime, a settlement or favorable outcome in court could also lead to the payment of up to double the owed wages.

In some cases, the employer may also be compelled to pay interest and cover other costs related to the claim, such as attorney fees. An experienced lawyer can assist in filing claims to recover your unpaid wages and other compensation while offering comprehensive advocacy throughout the legal process.

Request an Attorney Review for Your Potential Unpaid Overtime Case

After seeking an attorney review for unpaid overtime cases, you may learn that you are entitled to compensation. A qualified legal professional can assess whether you have been correctly compensated for your overtime work and what legal remedies apply to your situation.

A diligent lawyer can also ensure your claim is filed accurately while seeking maximum recovery of damages on your behalf. The path to claiming unpaid overtime can be complex, but experienced legal representation can make a remarkable difference in your case. Contact our firm today to request your confidential and free review by using the chat box or our online form.