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You worked the extra hours, you deserve overtime pay. When employers violate federal and state wage laws, workers lose an average of $3,300 annually in unpaid overtime. The Lore Law Firm’s unpaid overtime lawyers has recovered over $100 million for thousands of employees whose rights were violated under the Fair Labor Standards Act (FLSA). Led by Michael Lore, an AV-rated attorney with 25+ years of experience, our firm takes on major corporations across all 50 states and holds them accountable.
The law is clear: if you work more than 40 hours in a workweek, you’re generally entitled to time-and-a-half pay for every overtime hour. Yet according to the Department of Labor, up to 70% of employers fail to comply with overtime laws. Whether your employer misclassified your position, manipulated your timesheet, or simply refused to pay what you earned, our overtime attorneys can help you recover back pay, liquidated damages, and attorney’s fees, at no upfront cost to you.
Overtime pay is additional compensation required by the Fair Labor Standards Act for non-exempt employees who work more than 40 hours in a single workweek. Under 29 U.S.C. § 207, employers must pay eligible workers at a rate of 1.5 times their regular hourly rate for all overtime hours worked.
Calculating overtime is straightforward. If your regular hourly rate is $20 per hour, your overtime rate must be at least $30 per hour ($20 × 1.5). This applies to each hour worked beyond 40 in a seven-day workweek. The federal minimum wage is currently $7.25 per hour, though many states mandate higher minimums that directly affect overtime calculations.
Importantly, overtime rights cannot be waived. Even if you signed an agreement stating you won’t receive overtime pay, such agreements are unenforceable under the FLSA. The law exists to protect workers, and employers cannot contract around these protections. This is a critical point that catches many employees off guard, if you’re owed overtime, no contract can take that right away.
Statutory exemptions under 29 U.S.C. § 213 outlines the distinction between exempt and non-exempt employees determines whether you’re entitled to overtime pay. Most workers are non-exempt and qualify for overtime. However, employers frequently misclassify employees to avoid paying overtime, a practice that costs American workers billions annually.
Non-exempt employees must receive overtime pay for hours worked beyond 40 per week. This includes most hourly workers and many salaried employees who don’t meet specific exemption criteria. The default classification under the FLSA is non-exempt, meaning employers bear the burden of proving an exemption applies.
To classify an employee as exempt, employers must satisfy all three requirements:
Executive Exemption requires managing the enterprise or a recognized department, regularly directing at least two full-time employees, and having authority to hire and fire or provide recommendations that carry significant weight.
Administrative Exemption applies to employees performing office or non-manual work directly related to business operations who exercise discretion and independent judgment on matters of significance.
Professional Exemption covers workers in fields requiring advanced knowledge in science or learning, typically obtained through prolonged specialized education. Doctors, lawyers, engineers, and registered nurses may qualify.
Computer Employee Exemption applies to systems analysts, programmers, and software engineers who design, develop, document, or test computer systems. The employee must be paid at least $684 weekly or $27.63 per hour. Help desk technicians performing routine tasks typically do not qualify.
Outside Sales Exemption covers employees whose primary duty is making sales away from the employer’s place of business. Unlike other exemptions, there is no minimum salary requirement.
Regardless of salary or job title, certain workers can never be classified as exempt under the FLSA. Blue-collar workers, including construction workers, electricians, plumbers, carpenters, and mechanics, are always entitled to overtime.
This example is hypothetical and for illustrative purposes only. Consider Sarah, an “Assistant Manager” at a retail store earning $45,000 annually. Her employer classifies her as exempt, claiming she falls under the executive exemption. However, Sarah spends 85% of her shift stocking shelves, running the register, and cleaning, the same tasks as hourly employees. She has no authority to hire, fire, or discipline workers, and her “management” duties consist only of opening the store twice weekly.
Despite her title, Sarah likely qualifies as non-exempt because her primary duties are not managerial. If she works 50 hours weekly, she may be owed 10 hours of overtime per week, potentially representing thousands of dollars in back pay plus liquidated damages. This misclassification pattern is common in retail, restaurants, and service industries where “manager” titles are assigned without corresponding management responsibilities.
Overtime violations occur in virtually every industry, but certain sectors have particularly high rates of employer non-compliance. Understanding industry-specific violations helps workers recognize when their rights have been violated.
The energy sector has faced extensive enforcement action for overtime violations in recent cases. The 2023 Supreme Court decision in Helix Energy Solutions Group v. Hewitt confirmed that day-rate workers are entitled to overtime pay, a daily rate does not satisfy the salary basis test. This ruling impacts thousands of field workers including tool pushers, mud engineers, pipeline inspectors, roustabouts, and drilling consultants who have historically been denied overtime.
The Department of Labor recovered $18 million from Halliburton alone for overtime violations involving more than 25 misclassified job categories. Common violations include paying straight time for overtime hours, misclassifying field workers as independent contractors, and failing to include bonuses in regular rate calculations.
Hospitals and healthcare facilities frequently violate overtime rules through misclassification and improper pay practices. While registered nurses may qualify for the learned professional exemption, licensed practical nurses (LPNs), certified nursing assistants (CNAs), and home health aides generally do not qualify and must receive overtime pay.
Common healthcare violations include automatic meal break deductions without verifying breaks were actually taken, failure to compensate for on-call time spent on premises, and misclassifying nursing aides as exempt companions. A Fourth Circuit court recently affirmed a $9.3 million verdict against a medical staffing company for misclassifying approximately 1,100 nurses as independent contractors.
Tipped employees face unique overtime challenges. Under federal law, the minimum cash wage for tipped workers is $2.13 per hour when tips bring total compensation to at least $7.25 hourly. When calculating overtime for tipped employees, the regular rate includes both cash wages and tips counted toward minimum wage.
Restaurant industry violations include improper tip pooling that includes managers (who cannot legally participate), failure to pay full minimum wage when tips fall short, requiring off-the-clock work for pre-shift preparation and post-shift cleanup, and misclassifying assistant managers as exempt when they perform the same duties as hourly workers.
Call center employees routinely lose overtime compensation through practices that violate federal law. Employers commonly fail to pay for computer boot-up and login time before shifts begin, after-hours calls or emails, and interrupted lunch breaks with automatic deductions. Supervisors are frequently misclassified as exempt despite performing substantially the same work as hourly representatives.
Construction industryConstruction workers are typically entitled to overtime under the FLSA, regardless of their pay level or job title. This applies to carpenters, electricians, plumbers, iron workers, operating engineers, and laborers. Yet construction companies routinely misclassify workers as independent contractors, pay straight time for overtime hours, and fail to compensate for travel time between job sites, all violations that entitle workers to back pay and damages.
Technology companies often assume all IT employees are exempt under the computer employee exemption, but this exemption has narrow requirements. IT workers such as help desk technicians, technical support staff, and hardware repair specialists performing routine or pre-programmed tasks typically do not qualify for exemption. Only employees engaged in systems analysis, software design and development, or documentation of computer systems may be properly classified as exempt.
The FLSA provides substantial remedies for workers whose overtime rights have been violated. Understanding available damages helps you assess the true value of your potential claim.
The following table illustrates how damages accumulate in a typical overtime case. This example assumes a worker earning $20/hour who worked 10 hours of unpaid overtime weekly for two years:
| Damage Category | Calculation | Amount |
| Unpaid Overtime (Back Pay) | 10 hrs/week × $30 OT rate × 104 weeks | $31,200 |
| Liquidated Damages | Equal to back pay (100% penalty) | $31,200 |
| Subtotal: Federal Recovery | Back pay + liquidated damages | $62,400 |
| Attorney’s Fees | Paid separately by employer | $0 cost to you |
| State Law Penalties | Varies by state (CA, NY, MA offer additional damages) | Potentially more |
| Total Potential Recovery | Federal damages alone | $62,400+ |
Note: Actual recovery depends on hours worked, pay rate, violation duration, and applicable state law. Some states like New York allow six years of back pay; Massachusetts mandates treble (3x) damages.
You can recover every dollar of unpaid overtime compensation for the applicable statute of limitations period. This includes the difference between what you were paid and what you should have been paid at the time-and-a-half rate. For workers with significant overtime hours, back pay alone can amount to tens of thousands of dollars.
Under 29 U.S.C. § 216(b), employees who prove overtime violations are entitled to liquidated damages equal to the amount of back pay owed. This effectively doubles your recovery. If you’re owed $25,000 in unpaid overtime, you may recover an additional $25,000 in liquidated damages, totaling $50,000.
Liquidated damages are presumptively mandatory. Employers can only avoid them by proving they acted in good faith and had reasonable grounds to believe their conduct was lawful, a difficult burden that courts rarely accept.
The FLSA requires employers to pay the prevailing employee’s attorney’s fees and litigation costs. This means you can pursue your claim without paying some or all of the legal fees out of your recovery.
Several states offer enhanced protections beyond federal law. California provides waiting time penalties and allows representative actions under the Private Attorneys General Act. New York allows up to 100% liquidated damages under state law with a six-year statute of limitations. Massachusetts mandates treble damages (three times unpaid wages) for wage violations.
Time limits apply to overtime claims, under 29 U.S.C. § 255, which is why you need to act quickly.
The standard federal statute of limitations is two years from the date of each violation. However, if your employer’s violation was willful, meaning they knew their conduct violated the FLSA or showed reckless disregard for compliance, the limitations period extends to three years.
What qualifies as willful? Under the Supreme Court’s decision in McLaughlin v. Richland Shoe Co., willfulness requires showing the employer actually knew its conduct was prohibited or showed reckless disregard for whether it violated the law. Mere negligence or general awareness of the FLSA’s existence is insufficient.
Each paycheck potentially starts a new limitations period for the overtime owed in that pay period. However, every day you wait means potential recovery from earlier violations may be lost forever. State law claims may have different, sometimes longer, limitations periods that can be pursued alongside or instead of federal claims.
Understanding the claims process helps you make informed decisions about pursuing your rights.
Your claim begins with a free, confidential case evaluation where we review your situation without contacting your employer. We’ll examine your job duties, pay structure, hours worked, and any documentation you have. Based on this analysis, we provide an honest assessment of whether you have a viable claim and its potential value.
If we determine you have a valid claim, we gather evidence including pay records, timekeeping data, job descriptions, and employer policies. We may interview witnesses and analyze industry practices. Our goal is building the strongest possible case before approaching your employer.
Overtime claims sometimes resolve through negotiation before filing a lawsuit. Employers may prefer settlement to the cost and publicity of litigation. We pursue the maximum recovery available while being realistic about the strengths and challenges of your case.
When pre-litigation efforts don’t produce fair results, or deadlines require, we file suit in federal or state court. We handle all aspects of litigation including discovery, depositions, motions, and trial. Our firm has the resources and experience to take on major corporations in courtrooms nationwide.
The FLSA allows employees to sue on behalf of themselves and other similarly situated workers through collective actions. If your employer’s violations affected multiple employees, pursuing a collective action may increase leverage and recovery while reducing individual burden. Participants must opt-in by filing written consent, unlike traditional class actions where members must opt out.
Selecting the right attorney significantly impacts your case outcome. The Lore Law Firm offers a combination of award-winning legal skills, case results, and commitment that distinguishes our practice.
Our firm has secured major recoveries against some of America’s largest corporations.
Our results demonstrate our ability to take on powerful opponents and achieve meaningful outcomes for working people.
Attorney Michael Lore has dedicated his career to representing workers in wage and hour disputes. He earned his J.D. with honors from South Texas College of Law, where he served on Law Review and received the American Jurisprudence Award. He holds an AV rating from Martindale-Hubbell, the highest rating for legal ability and ethical standards.
His credentials include:
While headquartered in Houston, we represent workers across all 50 states and territories. FLSA claims are typically federal matters that can be pursued regardless of your location. When state law claims require local counsel, we partner with experienced attorneys in your jurisdiction to ensure your case receives proper attention.
We handle overtime cases on a contingency fee basis, you pay nothing unless we recover money for you. There are no upfront costs, consultation fees, or hourly charges. Our success depends entirely on your success, aligning our interests completely with yours.
When you call our firm, you speak with knowledgeable staff who understand overtime law. A personal case manager guides you through the process and keeps you informed at every stage. We take time to explain the law, answer your questions, and ensure you understand your options.
Your classification depends on your actual job duties, not your title or whether you receive a salary. To be exempt, you must earn at least $684 weekly ($35,568 annually), be paid on a true salary basis, and perform duties that qualify under one of the FLSA’s white-collar exemptions. If your employer calls you exempt but you don’t meet all three requirements, you may be entitled to overtime.
No. The FLSA prohibits retaliation against employees who file complaints, participate in investigations, or testify about wage violations. If your employer retaliates, you may have an additional claim for damages including reinstatement, back pay, and potentially punitive damages.
Such agreements are unenforceable under federal law. You cannot waive your right to overtime compensation, even if you signed a contract stating otherwise. The FLSA’s protections cannot be contracted away by private agreement.
The federal statute of limitations is two years for standard violations and three years for willful violations. State law may allow longer recovery periods, New York, for example, has a six-year statute of limitations. We analyze both federal and state claims to maximize your recovery period.
Document your hours worked as accurately as possible. Keep copies of pay stubs, timesheets, schedules, emails about working hours, and any written policies about overtime. Notes in a personal calendar or app showing actual hours worked can support your claim if employer records are inaccurate.
Timeline varies depending on case complexity and whether litigation is necessary. Some cases settle within months through pre-litigation negotiation. Cases requiring trial may take one to three years. We work to achieve the best outcome as efficiently as possible while ensuring your case receives the attention it deserves.
Back wages are generally taxable as ordinary income. Liquidated damages may also be taxable, though tax treatment can depend on how the settlement is structured. We recommend consulting a tax professional regarding your specific situation.
You may be able to pursue a collective action on behalf of all affected employees. Collective and class actions can increase leverage against employers and share litigation costs across multiple plaintiffs. We evaluate whether class and collective action is appropriate during your initial case review.
Yes. Many successful claimants file while still working for the employer. The FLSA’s anti-retaliation provisions protect you from adverse action. That said, we discuss your specific situation and concerns during your case review to help you make an informed decision.
Three factors distinguish our practice: focused expertise from 25+ years handling employment cases, a proven track record with over $100 million recovered, and personal service that treats every client’s case as important. We have the resources to take on major corporations while providing individual attention that larger firms often cannot match.
Every day you wait may reduce your potential recovery as the statute of limitations continues running. If you believe your employer has violated your overtime rights, contact The Lore Law Firm for a free, confidential case review.
We’ll review your situation, explain your legal options, and provide an honest assessment of your claim, without contacting your employer or obligating you to proceed. If we determine you have a valid case, we’ll handle everything on a contingency basis with no upfront costs.
It all starts with a free and confidential case review. A personal case manager will quickly identify if you have a valid claim. If they determine it’s valid, you can rest easy knowing that you won’t pay us a dime unless we recover compensation for you. Our contingency basis is meant to incentivize victims to pursue legal action without financial concerns. Contact us now to learn how our unpaid wages lawyer can help.
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