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If you’re not paid for all the hours you work, you might be entitled to double or even triple your wages! Especially if the hours worked exceed 40 hours in a workweek, the federal Fair Labor Standards Act (FLSA) allows you to recover back wages and liquidated damages for up to three years of pay, and some states let you go back further with triple damages. Best of all, with an experienced wage and hour law firm like Brown, LLC, your unpaid overtime lawyers are only paid if they win your case.
Brown, LLC: Your Unpaid Overtime Advocates
Brown, LLC is a leading unpaid overtime law firm representing employees across the United States and its territories. Led by Jason T. Brown, a former FBI Special Agent, the firm has successfully secured settlements and judgments totaling hundreds of millions of dollars (but past results don’t guarantee future success). Call or contact our experienced unpaid overtime firm today to discuss your employment claim with a free, confidential consultation.
Common Overtime Pay Violations
Employers often employ various schemes to shortchange employees on their overtime pay, such as:
- Straight Time for Overtime Pay: Paying you at your regular rate for all hours worked, and not 1.5 times your regular rate for the hours over 40.
- Exemption Status Misclassification: Falsely claiming you’re salaried when you’re entitled to overtime.
- Employment Status Misclassification: Pretending you’re an independent contractor and denying you overtime compensation.
- Off the Clock: Making you work hours that they don’t pay you for.
- Time Shaving: Reducing hours that you already clocked in.
- Failure to Incorporate All Pay into Your Overtime Rate
- Not Counting Time Spent Traveling as Work Time
- Not Counting Security Checks as Work Time
- Automatic Deductions: Deducting time regardless of whether it was worked or not.
- Improper Rounding: Rounding time down consistently.
- Hundreds of Other Schemes: Call to discuss what you’re encountering.
Regardless of intent, if an employer fails to pay overtime wages properly, they have violated the FLSA. If your employer has not paid you the overtime wages you deserve, you have rights, which can start with contacting an experienced wage and hour lawyer.
Speak with the Lawyers at Brown, LLC Today!
Over 100 million in judgments and settlements trials in state and federal courts. We fight for maximum damage and results.
What Is Overtime Pay?
Overtime pay represents the hours that an employee works in excess of forty hours in a seven-day workweek. Overtime pay must be calculated and compensated at a rate of at least one and a half times the employee’s regular rate. The FLSA places no limit on the number of hours employees aged sixteen and older may work in any workweek.
As a general rule, all employees are entitled to additional overtime pay whenever they exceed 40 hours per workweek, unless the employer can claim an exemption. Employers may falsely tell employees they are exempt, so it’s best practice to consult an experienced employment law firm to learn more about your rights and potential legal routes to recovery.
What Kinds of Damages Can an Unpaid Wages Lawyer Obtain for You?
If you successfully sue your employer for unpaid overtime under the FLSA, you can recover the following damages:
- Back Pay: The total amount of unpaid overtime you are owed for up to three years under federal law and up to six years in certain states.
- Liquidated Damages: An amount equal to your back pay. For example, if someone was owed $1000 in back pay damages, they would be owed an equal amount ($1000) in liquidated damages, for a total of $2,000. However, if your employer can prove they acted in “good faith” and reasonably believed they were not violating the FLSA, it may be a defense to liquidated damages.
- Punitive Damages: Certain states permit punitive damages, which could result in triple damages, also known as treble damages.
- Costs and Reasonable Attorney’s Fees: If you win your FLSA lawsuit, you may also recover the costs of litigating the case plus your attorney’s fees.
How Our Unpaid Wages Lawyers Can Help
The wage and hour attorneys at Brown, LLC bring decades of combined experience in representing employees in unpaid overtime disputes. We are committed to ensuring you receive the pay you have earned.
With our experienced unpaid overtime attorneys on your side, you can be confident that your claim will be thoroughly investigated and that our lawyers will maximize the chance of recovering your unpaid overtime pay and back wages.
If you believe your employer has violated the FLSA by not paying you correctly for your overtime, contact the unpaid overtime lawyers at Brown, LLC as soon as possible. Our experienced wage and hour attorneys are dedicated to fighting for workers throughout the United States who are burdened by unpaid overtime claims. We have the knowledge and experience to help you fight for your rights. Contact us today for a free, confidential consultation.
Can I Sue My Employer for Unpaid Overtime?
Yes, you can. The FLSA permits you to sue your employer for not paying you overtime. To recover unpaid overtime, you must file your FLSA lawsuit within two years of your employer’s failure to pay (three years if your employer willfully violated the law). If you signed an arbitration agreement, you can commence arbitration.
Are There Any Protections Against Retaliation?
The FLSA prohibits retaliation, as do various state law protections. It is illegal for an employer to retaliate against an employee for requesting overtime pay, contacting an attorney, or filing a claim. If you complain about not receiving overtime pay and your employer fires you, you may have a claim for retaliation, which is a separate violation of the law.
Am I Entitled to Meal Breaks and Rest Breaks if I am Working Remotely?
Yes, generally breaks apply to remote workers, but only if they are non-exempt employees. Employers must provide proper meal and rest breaks and keep accurate time records, even for remote workers.
Can I Get Fired for Requesting Overtime Pay?
Employers are prohibited by law from retaliating against employees for requesting overtime pay or any other compensation owed to them. Illegal retaliation can include:
- Termination of employment
- Transfer to a less desirable position
- Reducing pay or benefits
- Any action that adversely affects working conditions
Serious retaliation, such as termination, can lead to greater damages for the employee. If the employer claims the adverse action was for a legitimate reason, the employee must prove that this reason is false or a pretext and merely an excuse for retaliation. For example, if an employer claims the employee was “laid off” but the position is quickly re-hired, it could indicate retaliation.
Can My Employer Fire Me for Filing a Wage Claim?
No, it is illegal for an employer to fire or retaliate against you for filing a wage claim. Federal laws and many state laws protect employees from retaliation when they engage in legally protected activities, such as filing a wage and overtime claim. If an employer retaliates against you for filing a claim, you can pursue a retaliation or wrongful termination claim in addition to the original wage claim.
Does My Employer Have to Pay Me for Off-the-Clock Work?
Yes, employers must pay employees for all hours worked. Generally, it is unlawful for employers to require any form of unpaid off-the-clock work, even for short periods. Employees must be paid for all off-the-clock work the employer knew or should have known about, including duties completed before or after regular work hours. This rule applies even if the additional time was not authorized or properly recorded. Common examples of off-the-clock work include putting on uniforms before a shift, answering calls or emails after clocking out, preparing a worksite before clocking in, and returning equipment at the end of the day. Off-the-clock work can occur through extra tasks assigned that exceed regular work hours or being asked to start work early but clock in later.
If you suspect your employer is not paying you the overtime wages you deserve, don’t hesitate to take action. Contact Brown, LLC today for a free, confidential consultation to discuss your situation. Our experienced unpaid overtime lawyers are dedicated to helping you recover the compensation you are owed. Call us now to protect your rights.