Unpaid Overtime

Unpaid Overtime Attorneys

Have you been paid for the overtime you have worked? Many employers require workers to work off the clock or misclassify workers as supervisors to avoid paying earned overtime. If you have questions about your rights to overtime pay, talk to the lawyers at the Bohrer Law Firm .

We are here to help you.
Call 225-925-LAWS (5297) or 1-800-876-3911 or E-mail us. No fee unless we collect for you.

You have rights under the Fair Labor Standards Act (FLSA), a federal law that protects workers. The FLSA requires that workers receive time and a half for hours worked over 40 per week and also requires that workers be paid for all time spent on the job, including participation in safety meetings and other work-related activities.

Companies often pay their employees salaries to avoid overtime pay. If you participate in work-related activities and are not paid, or you were salaried, but work overtime, you may have legal rights to recover.

• Are you entitled to overtime? Under the FLSA, a worker is either exempt or non-exempt. An exempt employee is someone who is either a professional, highly trained individual, technical worker, or creative individual. Whether someone is exempt or non-exempt is very difficult to analyze. A detailed factual description of the job is necessary to make a determination. Many companies improperly classify employees as exempt to avoid paying overtime. If you are exempt, this means the FLSA does not apply and you can be paid a salary with no overtime.
• Do all non-exempt hourly 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.
• Do salaried workers get overtime? We would have to analyze your particular job to determine whether you are truly non-exempt. Examples of improperly classified employees are assistant manager trainees, entry level and mid level management with very little supervisory responsibilities, supervisors who perform manual labor, clerical workers, bill collectors, and a host of other employees who do not really perform supervisory work.
• What is classified as work time? Many companies require employees to participate in company activities for no pay. Some examples are pre-work meetings, Saturday meetings, safety training, educational programs, working through your lunch hour and mandatory seminars, etc. If participation is mandatory, the FLSA may require that you be paid for this participation even though many companies expect you to attend or participate for free.
• Can I be fired for asserting my rights? The FLSA contains a specific provision that prevents retaliation. This means the company cannot legally take any action against you for asserting your rights under the Fair Labor Standards Act.

If you have questions about your rights to overtime pay or other wage and hour claims, ask us. Our unpaid overtime lawyers can help you understand the laws and your rights. You do not have to face your employer alone.

Call the Bohrer Law Firm. 225-925-LAWS (5297) or 1-800-876-3911. Free confidential initial consultation.