Unpaid Overtime

Unpaid Overtime

Employee Rights Attorney ● Protecting Employees

If you are not being paid the overtime you are owed, if you are not being paid all of the wages you worked hard to earn, or if you have been misclassified as an independent contractor you may need an attorney to help collect all of the money you may be entitled to. Employers who violate state and federal labor & employment laws should be held accountable for their actions. It is illegal to not pay employees what they’re entitled to. If it’s happened to you, contact us for a free case evaluation at 800-948-5066.  An employee rights attorney can help you determine your legal options to get all of the money you may deserve.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime pay for all hours worked over 40 in a workweek.

The Fair Labor Standards Act (FLSA) is a federal law that protects an employee’s right to receive minimum wage and overtime pay. The FLSA requires that all non-exempt hourly employees receive minimum wages. The FLSA sets the standard for who is entitled to receive overtime pay. The FLSA also creates recordkeeping requirements for employers.

Overtime ● Unpaid Overtime Lawsuits

All non-exempt employees who work more than 40 hours in a workweek are entitled to receive overtime pay. Employees who are entitled to overtime must be paid one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

Employees may be able to look back three years to recover their unpaid wages and liquidated damages from their employer. You should contact an experienced wage and hour attorney soon to evaluate if you have a wage and hour case because the longer you wait the more potential wages you lose.

Is your boss requiring you to work “off-the-clock?”

  • Does your boss require you to work through your lunch break?
  • Does your boss require you to show up to work before your shift starts, but not allow you to clock in?
  • Does your boss require you to attend before or after shift training or staff meetings but not pay you for your attendance?
  • Does your boss require you to attend off-the-clock computer training?
  • Does your boss require you to work from home while being off-the-clock?
  • Does your boss require you to put on safety equipment before your shift and take that equipment off after your shift but not pay you for that time?

All of that “off-the-clock” time adds up and you should be paid for all of the time that you work for your employer. Plus, all of that “off-the-clock” time may put you over 40 hours per work week, entitling you to overtime pay.

If you work more than 40 hours in a workweek, then you may be entitled to overtime pay. If you are entitled to overtime, but your employer isn’t paying you overtime, then give the experienced wage and hour attorneys at Herbert & McClelland a call or contact us now.

Minimum Wages

The FLSA requires employers to pay their employees a minimum wage of no less than $7.25 per hour.

There are many illegal practices that may result in you not receiving minimum wages. Your employer is required to pay you for all of the time that you spend working for him or her. For example, if your employer engages in the “off-the-clock” practices mentioned above that may result in you not receiving wages you earned for work that you performed. You work hard for each dollar earned, and your employer should pay you for all activities you perform on its behalf.

If you are working for your employer but not getting paid for your work or you are working and receiving anything less than minimum wage, then you should contact Herbert & McClelland and let us help you recover all of the wages that you worked hard to earn.

Misclassified as Independent Contractor

Sometimes employers misclassify employees as independent contractors to avoid: paying overtime, providing medical insurance, carrying workers’ compensation coverage, or paying state and federal taxes.

Just because your employer tells you that you are an independent contractor and gives you a 1099-IRS tax form that does not make you an independent contractor. The courts look at the economic realities of your work situation to determine if you are an employee or an independent contractor. For example, how much control does your employer exercise over you? If you are economically dependent upon your employer, then it is possible that you have been misclassified as an independent contractor. There are many factors that the courts consider when deciding whether an individual is an independent contractor or employee.

If you have been improperly classified as an independent contractor, then you may be entitled to back overtime wages and other benefits. Please contact the experienced wage and hour attorneys at Herbert & McClelland, LLP so that they can evaluate the facts of your situation to help determine if you have a case.

DON’T LET EMPLOYERS TAKE ADVANTAGE OF YOU. UNPAID OVERTIME IS ILLEGAL AND EMPLOYEES HAVE RIGHTS THAT MUST BE PROTECTED.   

The overtime lawyers & wage and hour attorneys at Herbert & McClelland can evaluate the facts of your case to see if you have a claim. We represent employees throughout the United States in select employment law cases, and we may be able to help you.

Call 800-948-5066 now to get a lawyer’s opinion on your potential unpaid overtime case or wage & hour claim.