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Signs You’re Owed Unpaid Overtime

If you work more than 40 hours per week and don’t receive additional wages, you may be eligible for unpaid overtime. Overtime pay is 1.5 times your hourly rate.

Unfortunately, many employers wrongly do not pay their employees overtime. Although sometimes employers simply aren’t aware of labor laws, they often attempt to bypass the requirement to pay overtime.

At Bohrer Brady, LLC, we handle unpaid overtime employment law cases. Our unpaid overtime lawyers are committed to protecting the rights of hardworking people like you by recovering the unpaid overtime and other damages you are owed.

If you believe you may be owed overtime pay, contact us for a free, confidential consultation. We’ll analyze your situation according to the Fair Labor Standards Act (FLSA) and state law, and help you determine the best course of action.

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To discuss your situation, contact our employment law attorneys online or call us toll-free at 1-800-876-3911.

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What Does Unpaid Overtime Look Like?

Unpaid overtime takes many forms and looks different from job to job. Below are the most common signs of an employer taking advantage of you and refusing to pay for your additional time:

You’re classified as exempt from overtime pay but don’t meet the requirements. While some jobs are exempt from overtime, we look at the duties you perform each day. Your employer may have misclassified your exemption status under the FLSA.
Your employer doesn’t keep accurate records of the hours you work. If your employer does not track your hours or the system for measuring hours worked is purely based on speculation rather than documentation, it’s easy for your employer to deny overtime pay.
You’re required to work “off-the-clock.” Working “off-the-clock” means putting in additional hours outside of your scheduled shift with the understanding that you won’t receive payment for them. You must be paid for all time worked.
Your employer retaliates against you for requesting overtime pay. Employers who retaliate against their employees for inquiring about overtime pay are in direct violation of the FLSA. You have rights, and you may be eligible to file a lawsuit.
You receive a day rate. While most companies pay employees hourly, some use day rate systems that don’t include overtime. You’re still entitled to overtime pay for hours worked over 40 in a workweek, even if your employer uses a different wage system.
You are misclassified as an independent contractor. Many employers wrongly classify workers as independent contractors instead of employees to avoid paying overtime.

If any of the above scenarios sound familiar to you, don’t hesitate to contact us immediately to discuss your case. We will fight for you.

The Fair Labor Standards Act Protects You

The FLSA is a federally mandated law that establishes minimum wage, overtime, recordkeeping, and youth employment standards. One of its most significant and frequently referenced protections for American workers regards overtime wages.

Overtime Pay

Employers must pay time-and-a-half the regular hourly rate for non-exempt employees who work more than 40 hours in a workweek. For every hour worked over 40, you, as the employee, are entitled to 1.5 times your hourly wage.

Say your hourly rate is $15/hour. Each hour worked over 40 in a given week should reflect overtime pay, which is 1.5 times your typical wages. In this case, you’d receive $22.50/hour for each one over 40.

Also, all non-discretionary pay must be included in your overtime rate calculation. So, if you receive commissions, shift differentials, production bonuses or other pay, that pay must be considered in determining the amount of your overtime pay.

Exemption Status

While many workers are entitled to overtime pay, some jobs may be exempt from overtime. Examples of these exempt jobs include professionals, administrators, and outside salespeople. However, the FLSA determines exemption status based on salary level and job duties – not titles.

Records

Employers must maintain accurate written records of their employees’ hours of work, including overtime. The detailed documentation ensures that workers receive the pay they’ve rightfully earned.

How Can an Employment & Labor Law Attorney Help?

Consulting our employment and labor law attorneys is a crucial step in seeking compensation. We can assist you in numerous ways, with the end goal of helping you recover what you’ve earned.

Understanding Your Rights

Our attorneys at Bohrer Brady, LLC specialize in unpaid overtime employment law. Our in-depth knowledge of federal and state overtime laws will allow us to understand and advise you regarding your potential unpaid overtime claim.

We have the expertise and experience to help you determine whether your employer has violated the FLSA and calculate the total compensation you deserve. We’ll consider your regular rate, overtime hours, and any applicable premium pay.

Gathering Evidence

Although not always necessary, these types of documents can support your claim:

Timecards
Emails/texts about overtime
Employee Handbooks/Manuals
Pay stubs
Contracts
Employment agreements
Independent contractor agreements

Depending on the situation, we can also assist you by obtaining witness statements from co-workers and others who can support your claims of unpaid overtime hours.

Legal Approach

While attempting to negotiate with an employer may be a viable option in some situations, often, the best approach is to take legal action. At Bohrer Brady, LLC, we’ve helped victims file numerous lawsuits against employers for unpaid wages.

We’ll represent you in any court proceedings, presenting evidence and compelling arguments to support your claim and maximize your chances of a favorable outcome.

Protection from Retaliation

If needed, we can offer legal counsel on how to protect your rights against potential retaliation. And, if you face retaliation from your employer, we’ll help you take further legal avenues against them on your behalf.

Working with Bohrer Brady, LLC can increase the likelihood of recovering your unpaid wages and holding your employer accountable.

Unpaid Overtime Attorneys Looking Out for You

Don’t let your employer get away with violating your rights. If you worked more than 40 hours of work in a week without overtime pay, contact the attorneys at Bohrer Brady, LLC now.

In a free, confidential consultation, we’ll discuss your case, help you understand the applicable laws, and discuss whether you should file a claim for unpaid wages. We’ll protect your best interests.

Frequently Asked Questions

We know that employment laws can be complex and difficult to understand. That’s why we’ve provided common questions we receive and their answers so you can make informed decisions about your work situation.

What’s the most common reason for unpaid overtime?

One of the most frequent scenarios of unpaid overtime occurs when employers incorrectly classify their employees as exempt under the FLSA. Generally, exempt employees aren’t entitled to overtime, but they must meet specific requirements to be exempt. If an employee doesn’t meet the criteria, they’re non-exempt and entitled to time-and-a-half for all hours worked over 40 in a workweek.

Can I recover unpaid wages if I’ve already quit my job?

Yes, you can still submit a claim for unpaid overtime wages even if you’ve quit. Statutes of limitations for filing employment law claims vary from state to state. However, so long as you file within the specified time, you can recover what you’re owed – whether you’re still employed at the company or not.

Is overtime pay the same as double pay?

While overtime and double pay are similar in that they compensate for additional hours worked, they have distinct differences. Overtime pay is 1.5 times the hourly rate for hours worked over 40 in a workweek. Double pay is two times the regular rate and is typically for working certain shifts or on holidays or Sundays.

What if I’m a non-exempt employee, but my employer doesn’t pay me overtime because some weeks I work less than 40 hours?

You’re still entitled to overtime pay for all hours worked over 40 in a workweek. Employers must calculate overtime pay based on the total hours worked in a given workweek. If you work over 40 hours in a workweek, you’re entitled to overtime pay – regardless of whether you clocked less than 40 in other work weeks.