If you suspect you’re not being paid fairly – missing overtime pay or other wages – you’re not alone. Wage theft is sadly common; billions of dollars are stolen from workers each year in unpaid wages. The Fair Labor Standards Act (FLSA) sets minimum wage and overtime laws to protect workers, but many employers don’t follow these rules. If your paycheck is coming up short or overtime pay is being withheld, it may be time to consult an FLSA attorney. A skilled wage and hour lawyer can review your case and help you recover the compensation you’ve earned. In this article, we’ll explain when to contact an FLSA lawyer for overtime or other wage issues, highlight common violations, and discuss how legal assistance can benefit you. We’ll also answer some common questions in a quick FAQ section.
If you’re facing overtime violations or wage disputes and need legal guidance, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at (866) 559-0400 to discuss your situation. Let’s work together to secure your financial future.
Understanding Your Rights Under the FLSA
The Fair Labor Standards Act (FLSA) is a federal law that establishes baseline wage and overtime standards. In general, it requires that covered employees be paid at least the federal minimum wage for all hours worked and overtime pay at 1.5 times your regular rate for any hours over 40 in a workweek (The FLSA does not limit how many hours an employee age 16 or older may work in a week; it simply requires time-and-a-half for all hours over 40). Most jobs are covered, and there’s no cap on hours as long as overtime is paid.
Not all employees are eligible for overtime, however. Certain jobs (executives, professionals, etc.) are exempt from overtime requirements. But job titles and pay method can be misleading – being salaried or having a manager title doesn’t automatically make you exempt from overtime. It depends on your actual duties and salary. Employers sometimes misclassify workers as exempt employees when they don’t meet the legal tests, or wrongly label employees as independent contractors to avoid paying overtime. If you’re unsure about your classification, an FLSA lawyer can review your situation and determine if you should be earning overtime pay.
Common Wage and Hour Violations to Watch For
Wage and hour violations can take many forms. Below are some common issues that might signal your rights are being violated and that it’s time to contact an attorney:
● Unpaid Overtime: You work more than 40 hours in a week but do not receive the legally required “time-and-a-half” pay for the hours over 40. For example, if you work 50 hours but only get your normal pay rate for those extra 10 hours (instead of time-and-a-half), that’s an overtime violation. Overtime pay cannot be waived or ignored – even if you agreed to a flat salary or signed something, you are still entitled to overtime pay as a non-exempt employee.
● Off-the-Clock Work and Time Shaving: Working off the clock (doing job tasks outside your recorded hours or during unpaid breaks) is illegal if that time isn’t compensated. For example, if your boss asks you to set up or clean up off the clock, or to clock out and then keep working, those hours still count. Some employers even alter timesheets or shave hours (like deducting breaks you never took) to avoid paying for all time worked. These practices cheat you out of wages and often overtime pay.
● Misclassification of Employees: This happens when an employer wrongly claims you’re not eligible for overtime. For example, they might call you a manager or an “independent contractor” to sidestep overtime laws, even though your duties show you should get overtime. Being salaried doesn’t automatically mean no overtime – it’s your actual job duties and pay level that matter. Misclassification is complex, so an attorney can review your role and see if you’ve been unfairly denied overtime.
● Minimum Wage Violations: This includes paying less than $7.25/hour (the federal minimum) or making illegal paycheck deductions that bring your pay below the minimum. Tipped employees are often vulnerable – If your tips plus the $2.13 tipped minimum wage don’t reach at least $7.25 per hour, your employer must make up the difference. Managers and supervisors may never keep employees’ tips, and tip pools must follow federal rules – they can’t include managers, and if your employer takes a tip credit, only employees who customarily receive tips may participate. Minimum wage violations cheat workers out of the basic pay they deserve.
Any time you suspect that you’re not being paid what you’re owed – whether it’s overtime, regular wages, or earned tips – take it seriously. Often, wage issues affect not just you but also your co-workers. An attorney can advise whether your situation might be part of a larger pattern of wage theft.
When Should You Contact an FLSA Attorney?
Knowing when to contact an FLSA attorney can make a big difference in recovering your wages. As a rule of thumb, it’s best to reach out sooner rather than later if you have any significant overtime or wage issue. Here are some situations when you should strongly consider contacting a wage and hour lawyer:
● Your Employer Denies or Ignores the Problem: If you’ve noticed missing pay and raised the issue with your employer, a good employer will fix an honest mistake. But if your employer refuses to fix the problem or insists you’re not entitled to the money, it’s time to involve an attorney. For example, if you point out an ongoing issue with unpaid overtime and your boss dismisses it or claims “you’re salaried, so no overtime,” you should get legal help right away.
● Pattern of Wage Violations (Systematic Underpayment): Wage theft can add up over months or years. An attorney can help you claim back pay for all those unpaid hours – under the FLSA, you can generally recover unpaid wages going back 2 years, or up to 3 years if the violation was willful, as provided in 29 U.S.C. § 255(a). Waiting too long can mean losing some of the wages you’re owed. It’s wise to act promptly so you don’t miss out on recovery.
● You Faced Retaliation or Threats: If you’ve been fired, demoted, or threatened after asking for your wages, call a lawyer immediately. Retaliation for asserting wage rights is illegal under 29 U.S.C. § 215(a)(3), which protects workers who complain about unpaid wages or overtime. An attorney can take quick action to protect you and hold the employer accountable. Don’t let fear silence you – the law is there to shield you when you stand up for your pay.
● Multiple Employees Are Affected: Wage violations often affect co-workers too. If you know others aren’t being paid properly, an attorney can advise if you should join forces in a group lawsuit. A collective action can increase your leverage and help everyone recover what they’re owed. Bringing it up with a lawyer ensures the case is handled correctly if multiple employees are involved.
● Before Signing Away Your Rights: If your employer asks you to sign any kind of wage-related settlement or waiver, do not sign it without getting legal advice. Employers might offer a small payout in exchange for giving up your rights. An FLSA attorney will review the document to ensure you’re not signing away more than you receive.
In summary, contact an FLSA attorney as soon as you realize there’s a serious pay issue or illegal pay practice, especially if your employer isn’t fixing the problem. Most wage and hour attorneys offer free initial consultations, so it won’t cost you anything to learn about your options. Acting quickly also helps you avoid missing any deadlines for recovering your money.
How an FLSA Attorney Can Help You
Facing an employer over unpaid wages or overtime can be intimidating, but you don’t have to do it alone. Experienced FLSA attorneys help workers every day to get the money they’ve earned. Here are several ways an FLSA lawyer can assist with overtime and wage claims:
● Experienced Evaluation of Your Case: An attorney who focuses on wage and hour law knows the ins and outs of the FLSA and state labor laws. They will review your pay records, job duties, and other evidence in detail to spot any violations. Employment law has many exceptions and rules, so experienced insight ensures nothing is overlooked.
● Explaining Your Rights and Options: A good wage and hour lawyer will clearly explain what your rights are and what you can do next. They’ll advise you on the best course of action – whether it’s filing a government complaint or suing directly – based on your specific situation. Knowing your rights (and that the law protects you from retaliation) can give you peace of mind.
● Calculating Unpaid Wages and Damages: Attorneys can calculate the full extent of your unpaid wages (including any off-the-clock time or underpaid overtime) and also seek additional damages. Under the FLSA, you can recover your unpaid wages plus an equal amount in liquidated damages (essentially double your wages), along with attorney’s fees and costs. Courts usually award interest only if liquidated damages aren’t granted. Some states allow additional penalties or interest under their own laws. A lawyer makes sure nothing is left off the table, so you claim every dollar you’re owed.
● Meeting Deadlines and Filing Properly: Wage claims have strict time limits and procedural requirements. An attorney will keep track of the statute of limitations and handle all the paperwork, filings, and court deadlines, so your case isn’t derailed by a technical mistake. This professional handling is crucial, especially if your case involves multiple employees or a class action.
● Negotiating with the Employer (or Filing a Lawsuit): Often, once you have a lawyer, your employer may be more willing to resolve the issue. Your FLSA attorney can communicate with the company on your behalf to seek a fair settlement. If your employer still won’t pay, your attorney can file a lawsuit and represent you in court. Having a lawyer shows the company you mean business and ensures your case is presented effectively. Wage and hour lawyers know how to handle employer tactics and complex legal requirements, so you have a strong ally on your side.
● Protecting You from Retaliation: Retaliation is illegal, but if you fear your employer may punish you, your lawyer will advise how to document and report it. They can communicate with your employer on your behalf and even seek court orders to protect your job if needed. Having an attorney means you don’t have to face these risks alone.
● No Upfront Costs – Contingency Representation: Most FLSA attorneys work on a contingency fee, meaning you pay nothing upfront. The lawyer only gets paid if you win or settle, typically as a percentage of the recovery (and often the employer will end up covering attorney fees as part of the outcome). This way, you can get legal help without worrying about costs out of pocket.
In short, an FLSA attorney is your personal advocate to stand up to the employer, handle the legal heavy lifting, and maximize your chances of getting the wages you’re owed. With a knowledgeable lawyer on your side, you can focus on your job and life while they focus on your case.
Frequently Asked Questions (FAQ)
Q: My employer says I’m salaried (or an independent contractor) so I don’t get overtime. Is that true?
A: Not necessarily. Being on a salary does not automatically exempt you from overtime. Many salaried workers are still entitled to overtime pay if they work over 40 hours a week. It comes down to your actual job duties and your pay level, not just your job title or contract. Similarly, some employers mislabel regular employees as “contractors” to skirt wage laws, even though those workers should legally be treated as employees. If you suspect you’ve been misclassified, an FLSA attorney can evaluate your situation. You might be owed unpaid overtime despite what your employer says.
Q: What can I recover if my employer hasn’t paid me properly?
A: Under the FLSA, you can recover any unpaid wages your employer owes you (such as unpaid overtime or minimum wage shortfalls), plus an equal amount in liquidated damages. In plain terms, that usually means you get double your unpaid wages. The employer might also have to pay your attorney’s fees. Some state laws allow additional penalties or interest on top of that. An FLSA lawyer will make sure you seek all the compensation available so you’re made whole. (If many employees were underpaid, you might also participate in a group case a/k/a a class or collective action, but you would each still receive the wages and damages you’re individually owed.)
Q: How long do I have to file a claim for unpaid overtime or wages?
A: Under the FLSA, most wage claims can go back 2 years, or up to 3 years if the violation was willful. In other words, you can typically recover unpaid wages for the two years before you file (or three if your employer intentionally broke the law). After that, old unpaid wages generally can’t be recovered. Some states have different deadlines, but the key is: don’t delay. The clock starts ticking once wages are unpaid, so the sooner you act, the more of your money you can recover.
Q: I’m worried my boss will fire or punish me if I complain or file a claim. What protections do I have?
A: It is illegal for an employer to punish you for claiming unpaid wages or contacting an attorney. They are not allowed to fire you, cut your hours, or harass you for standing up for your rights. If you suspect retaliation, document everything and tell your lawyer immediately. The law provides remedies: for example, a court can order your employer to reinstate you if you were fired, pay lost wages, and stop any further retaliation. Often, once you have an attorney dealing with the employer on your behalf, the employer will be very careful about how they treat you. It’s normal to feel nervous, but remember that the law is on your side here. Most employers won’t risk additional legal trouble by retaliating once they know you have legal representation.
Q: How much does it cost to hire an FLSA lawyer?
A: Hiring an FLSA lawyer typically costs you nothing upfront. Almost all attorneys who represent employees in wage cases work on a contingency fee basis. This means the lawyer’s fee is a percentage of whatever amount they recover for you, and they only get paid if they win or settle your case. If they recover nothing, you pay nothing. Additionally, the FLSA allows a successful employee to recover attorney’s fees from the employer, so often the employer will ultimately pay at least some legal fees as part of the outcome. This arrangement makes it possible for everyone to afford legal representation. In other words, don’t let cost concerns stop you from getting advice – you can usually have a free consultation, and you won’t pay attorney fees unless you recover money.
Where to Find an FLSA Lawyer
If you’re dealing with unpaid overtime or other wage issues, reaching out to an FLSA attorney can be a crucial step toward getting justice and fair compensation. Wage and hour laws exist to protect you, and experienced attorneys are there to enforce those laws on your behalf. Remember, you work hard for your earnings – if you haven’t been paid what you’re owed, you have every right to speak up. A professional, empathetic FLSA lawyer will understand what you’re going through and guide you through the legal process with care and professionalism. Don’t hesitate to reach out to a qualified FLSA attorney – the sooner you act, the sooner you can recover your lost wages and put the stress of wage disputes behind you. Your time and labor are valuable, and the law is on your side to ensure you’re paid fairly for every hour you work.
If you’re facing overtime violations or wage disputes and need experienced legal guidance, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at (866) 559-0400 to confidentially discuss your situation. Let’s work together to secure your financial future.
