Dallas overtime lawyers help clients recover unpaid overtime pay in Dallas, Texas and surrounding cities including Arlington, Fort Worth, Bedford, Irving and Plano. Nonexempt employees are entitled to overtime pay at one and half time their regular rate of pay under the Fair Labor Standards Act (FLSA). Unpaid overtime pay can add up to significant amounts of money for an employee. If you believe your employer has not paid you for overtime pay earned for work then you should contact an employment lawyer in Dallas, Texas right away.
Texas overtime laws
In Texas, most employees receive overtime pay under the federal Fair Labor Standards Act. Although the Texas Payday Law includes overtime pay protections, it only supplements the FLSA. Under the Fair Labor Standards Act, nonexempt employees are entitled to overtime pay at one and a half times their regular rate of pay for each hour of work over forty in a workweek.
Often employers try to avoid overtime pay by misclassifying workers as overtime exempt. An employee is not exempt from overtime pay just because he or she receives a salary. Paying a salary is only part of the exemption for some employees. Exempt employees include high level managers, executives, administrators, professionals, IT staff and outside sales staff. Employees misclassified by employers may be owed thousands or tens of thousands in unpaid overtime pay.
Employers also fail to pay overtime by not including work hours worked by the employee. This can include tipped employee work hours, travel time due wages under the FLSA and paid on call time. Employers also sometimes shift hours from one work week to another to shift hours due overtime pay from one work week to one with less than forty hours. If your employer fails to pay overtime for your work then you should contact overtime lawyers in Dallas, Texas to discuss your options.
Dallas, Texas overtime lawyers represent employees who should be paid overtime pay
Dallas overtime lawyers represent employees in and around Dallas, Texas in unpaid overtime pay and unpaid wage claims. Employees who have been misclassified or otherwise have not been paid overtime pay can recover lost wages, liquidated damages (like punitive damages), interest, attorney’s fees and court costs. A claim of a few thousand dollars in unpaid overtime pay can become a settlement or verdict several times the original unpaid overtime pay amount.
Employees in Dallas, Texas and surrounding areas in north Texas may work in any job or industry where employers do not pay owed overtime pay. However, some jobs tend to suffer more unpaid overtime pay claims than others. Common jobs that suffer unpaid overtime pay include:
- Inside sales staff
- Call center employees
- Local drivers of limos, travel vans, airport shuttles and private car drivers
- Leasing agents, leasing consultants, leasing specialists, leasing managers
- New home salespeople who show model homes all day
- Real estate appraisers and other property appraisers
- Clerical workers, data entry workers
- Administrative assistants and secretaries
- Assistant managers, assistant supervisors, third key employees, senior associates given minor supervisory duties
- Manual laborers, warehouse workers, overnight stockers, line workers, freight workers
- Recruitment consultants and other HR employees
- Tipped waiters and other tipped employees in restaurants, specialty stores, hotels
- Retail employees
Employees with an unpaid overtime pay claim may come from almost any field. If you work more than forty hours in a workweek then you should contact a Dallas overtime lawyer. Allow an experienced employment lawyer review your situation and assess whether you have a claim for unpaid overtime pay.
Common unpaid overtime pay claims Dallas overtime lawyers help recover
In summary, your claim for unpaid overtime pay in Dallas, Texas and surrounding areas may arise from:
- Employer misclassifying a nonexempt employee as exempt to avoid overtime pay
- Misclassifying a nonexempt employee as an independent contractor
- Not paying for all hours of work, such as travel time or paid on call time
- Not paying overtime pay to tipped employees or commission-based employees for hours over forty in a workweek
- Shifting hours from a week with more than forty hours to a week with fewer than forty hours
- Removing hours from your time sheet to get hours under forty
- Paying less than 1.5 times the regular rate of pay for overtime pay
- Offering comp time instead of overtime pay (for employees of private businesses)
- Refusing to pay for hours worked over forty hours
If any of these sound like your work situation then you should contact Dallas overtime lawyers to discuss your options.