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Choose a Bohrer Brady Unpaid Overtime Attorney

You need to take action if you have been denied wages or have not been paid overtime for hours that you worked. Contact an unpaid overtime attorney at Bohrer Brady today. We’re here for you. 

Our Baton Rouge labor & employment attorneys handle employment law cases and have recovered fair and just settlements for many employment law claims. We are dedicated to protecting the rights of hard-working Americans just like you. 

Bohrer Brady fights for the fair treatment of employees and understands that employment laws are designed to protect workers’ rights, including the right to recover compensation for back wages, unpaid overtime, and other work performed for an employer. Learn more about how an unpaid overtime attorney from Bohrer Brady can help you below.


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Unpaid Wage Claims

If you feel your employer has not paid you fairly for your hours worked, you should contact an unpaid wages attorney in Baton Rouge and take legal action. 

If you are covered by applicable employment law, your employer has certain responsibilities to meet to comply with state laws. Most importantly, the company you work for must compensate all covered employees for actual time the employee spent performing work for the benefit of the company,  and any work that is permitted by that employer, even if not explicitly requested by the employer. 

Employees are entitled to be paid the correct wage for all hours worked, and you should speak up if you feel you’re not being paid the wages you have earned.

Unpaid Overtime Claims

Have you been paid for overtime or all of the wages you have earned? Many employers require employees to work off the clock or misclassify workers as salaried or Independent Contractors to avoid paying overtime wages. You have rights under the Fair Labor Standards Act (FLSA), which is a federal law that protects workers. 

Under the FLSA, certain workers receive time and a half for hours worked over 40 per week, even if the employer claims the work is unauthorized. It also requires workers to be paid for all time spent on the job, including participation in safety meetings, putting on or taking off uniforms, putting away tools, and other work-related activities. 

Being paid a salary does not automatically mean you are not eligible for overtime. Some salaried workers are misclassified and should be paid by the hour. If you participated in work-related activities and were not paid or were salaried and not paid for overtime, you may have legal rights to recover unpaid wages. 

If you feel your employer has denied you overtime wages for hours worked, a Bohrer Brady unpaid overtime attorney can help. 

The Types of Workers Most Often Denied Overtime Pay

Unfortunately, some employers attempt to avoid paying properly by misclassifying workers as exempt or independent contractors. The most common types of workers denied overtime pay include the following:

  1. Misclassified as Independent Contractors: Companies often misclassify workers as independent contractors to avoid the cost of paying overtime. Independent Contractors are generally their own independent business entity, and are free to work for multiple companies simultaneously and determine when, where, and how they will work. They provide their own tools, training, and equipment and generally work according to a contract. Employees generally work for a single employer that controls or supervises what they do, sets a work schedule, and determines the hours and location where the employee works. Examples of workers often misclassified as Independent Contractors, who are legally employees and eligible for overtime, include home health workers, nurses, inspectors, operators, technicians, drivers, construction workers, analysts, plant workers, operators, and oil, gas, and chemical workers.
  2. Hourly Employees: All non-exempt workers must receive overtime if they work more than 40 hours per workweek, per the FLSA. Generally, you should receive overtime if you are paid by the hour. 
  3. Salaried Employees: Salaried employees may also be owed unpaid overtime. To determine whether the FLSA covers you, we must analyze your job duties to decide whether you are non-exempt. 
  4. Day Rate Employees: Most companies pay their employees hourly, but some employers use day rate systems that do not include overtime pay. Day rate workers are entitled to overtime for every hour worked over 40 in a workweek.

If you or someone you know is not being paid overtime, it’s essential to contact an unpaid wages attorney at Bohrer Brady, LLC, for a free initial confidential consultation. You may be entitled to damages, and our team of experienced attorneys can help you recover what you are owed. 

How Employers Avoid Paying Overtime

Averaging work hours is a common technique where employers calculate an employee’s weekly wages over two or more weeks instead of the actual number of hours worked in one week. Doing so results in the employee being paid their regular pay rate for hours worked beyond 40 hours, avoiding overtime pay.

Employers may also be unaware of overtime laws and not know that certain employees should be paid overtime for working over 40 hours a workweek. Some employers will force their employees to work off-the-clock or during unpaid lunch breaks to avoid paying them overtime. In addition, they may misclassify employees by categorizing them as independent contractors or as exempt, thus preventing them from receiving the overtime pay they’re entitled to.

Finally, some employers do not include certain per diem pay, production bonuses, or shift differential pay when calculating overtime wages. If you have been a victim of an employer who has tried to avoid paying you for your overtime hours or has not paid you at the correct overtime rate, seek the help of an unpaid overtime attorney immediately.

Unpaid Overtime FAQs

Am I entitled to overtime?

Under the FLSA, a worker is either exempt or non-exempt. Non-exempt workers entitled to overtime are generally “blue collar” workers, manual laborers, licensed practical nurses, paramedics, or others who perform non-technical, routine duties with little or no supervisory authority or discretion. Whether someone is exempt or non-exempt is very difficult to analyze. A detailed factual description of the job is necessary to decide. Many companies improperly classify employees as exempt to avoid paying overtime. 

These are examples of positions or industries where workers may be misclassified and entitled to overtime: assistant managers, manager trainees, cable installers, call center employees, computer/IT/CAD designers or engineers, drivers, field service technicians, field engineers, independent contractors, inventory taker, recruitment consultants, and retail store employees. If you’re unsure, contact an attorney for unpaid overtime at Bohrer Brady, LLC today. 

Do all non-exempt workers get overtime?

If you are non-exempt and work in excess of 40 hours per week, you are entitled to overtime. Overtime is time and one-half for all hours over 40. Only government employees can be paid comp time, leave time, or other substitutes for overtime pay.

Are salaried workers entitled to overtime?

We would have to analyze your particular job to determine whether you are non-exempt. Examples of improperly classified employees are assistant managers, assistant manager trainees, entry-level and mid-level management with very little supervisory responsibilities, supervisors who perform manual labor, clerical workers, bill collectors, and other employees who do not perform supervisory work or exercise discretion. 

Are Independent Contractors entitled to overtime?

Many companies hire workers as independent contractors. However, the law may consider you an employee, and you may legally be an employee and eligible for your employer to pay overtime if the company controls when and where you work and what you do, provides your tools and materials, or prevents you from working for other people or businesses. 

Examples of “independent contractors” who legally may be employees and eligible for overtime include welders, truck drivers, painters, carpenters, laborers, mechanics, and telecommunications repairmen. 

Are day-rate employees entitled to overtime pay?

Yes, in most cases. The Fair Labor Standards Act (FLSA) permits an employer to pay non-exempt employees on a day-rate basis, but the day rate cannot include or build in overtime pay. 29 C.F.R. § 778.112; 29 C.F.R. § 778.310; 29 C.F.R. § 778.500. Thus, an employee must be paid overtime for every hour worked over 40 hours in a work week. The following is an example of how day-rate overtime is calculated: 

John is a non-managerial employee working in the oilfield. He is paid a day rate of $200 and works 50 hours/week, seven days a week. John would be entitled to $140/week in overtime pay.

    • $200 (day rate) x 7 (days worked) = $1400
    • $1400 (weekly pay) ÷ 50 (hours worked) = $28/hr regular pay
    • $28 (regular pay) x 1.5 (overtime rate) = $42/hr overtime rate
    • $42 (overtime rate) – $28 (already paid) = $14/hr unpaid overtime
    • $14 (unpaid overtime) x 10 (overtime hours) = $140 overtime owed
    • $140 (overtime owed per week) x 156 weeks (3 years) = $21,840

If an employer does not correctly pay an employee overtime, the employer can be held liable for liquidated damages (double the amount owed), attorney’s fees, and costs. 29 U.S.C. § 216. An employee can recover up to three years of pay if the violation was willful. 29 U.S.C. § 255. 

If you were paid a day rate but not overtime, contact an unpaid wages attorney at Bohrer Brady LLC for a free initial confidential consultation. You may be entitled to damages. 

What is classified as work time?

Work is generally any labor or effort that benefits the employer. Many companies require employees to participate in company activities for no pay. Some examples are pre-work meetings, Saturday meetings, and safety training. The FLSA may require that you be paid for this participation even though many companies expect you to attend or participate for free. The law requires that you are to be paid for all work time.

You may be eligible for overtime for working “off the clock.” You may be entitled to pay for these activities: use of automatic time clock systems, putting equipment or uniforms on before work, taking uniforms off or putting equipment away after work, staying after work to divide tips, count registers, or cleaning the premises.

How a Bohrer Brady Unpaid Overtime Attorney Can Help

At Bohrer Brady, our unpaid overtime attorneys are experienced in handling unpaid wage and overtime cases. With our knowledge of the law and experience in defending employees’ rights, we can help you hold your employer accountable for not paying you your wages.

Our attorneys understand the wage and hour laws and can provide you with a free and confidential consultation to discuss your legal rights. We can also provide legal representation and negotiate to maximize the compensation you recover. With our attorneys’ experience representing clients in unpaid overtime cases, we can help you get the justice you deserve.

Reach out to us for a free consultation today and let our experienced unpaid overtime attorneys fight for what is rightfully yours. We are dedicated to holding employers accountable and ensuring you receive the compensation you deserve.

Contact Our Unpaid Overtime Attorneys Today

If you or someone you love has been deprived of the wages you have earned, the unpaid wage and hour attorneys in Baton Rouge can help you recover what you are owed. To schedule a free consultation, contact Bohrer Brady today.