Houston Unpaid Overtime Lawyer Fights for Employees
If you have not been receiving the wages you deserve, getting an attorney to fight for your legal rights and getting all the money you deserve should be something to consider. If your employer is violating your rights by not paying you overtime, misclassifying you, or making you work off the clock then you may have a legal claim against your employer.
Violating employment and labor laws is illegal, and protecting your legal rights under The Fair Labor Standards Act could get you all of the wages you’re entitled to.
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime pay for all hours worked over 40 in a workweek.
The Fair Labor Standards Act (FLSA) is a federal law that protects an employee’s right to receive minimum wage and overtime pay. The FLSA requires that all non-exempt hourly employees receive minimum wages. The FLSA sets the standard for who is entitled to receive overtime pay. The FLSA also creates recordkeeping requirements for employers.
Overtime – Unpaid Overtime Lawsuits
All non-exempt employees who work more than 40 hours in a workweek are entitled to receive overtime pay. Employees who are entitled to overtime must be paid one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.
Employees may be able to look back three years to recover their unpaid wages and liquidated damages from their employer. You should contact an experienced wage and hour attorney soon to evaluate if you have a wage and hour case because the longer you wait the more potential wages you lose.
Is your boss requiring you to work “off-the-clock?”
- Does your boss require you to work through your lunch break?
- Does your boss require you to show up to work before your shift starts, but not allow you to clock in?
- Does your boss require you to attend before or after shift training or staff meetings but not pay you for your attendance?
- Does your boss require you to attend off-the-clock computer training?
- Does your boss require you to work from home while being off-the-clock?
- Does your boss require you to put on safety equipment before your shift and take that equipment off after your shift but not pay you for that time?
All of that “off-the-clock” time adds up and you should be paid for all of the time that you work for your employer. Plus, all of that “off-the-clock” time may put you over 40 hours per work week, entitling you to overtime pay.
If you work more than 40 hours in a workweek, then you may be entitled to overtime pay. If you are entitled to overtime, but your employer isn’t paying you overtime, then give the experienced wage and hour attorneys at Herbert & McClelland a call or contact us now.
The FLSA requires employers to pay their employees a minimum wage of no less than $7.25 per hour.
There are many illegal practices that may result in you not receiving minimum wages. Your employer is required to pay you for all of the time that you spend working for him or her. For example, if your employer engages in the “off-the-clock” practices mentioned above that may result in you not receiving wages you earned for work that you performed. You work hard for each dollar earned, and your employer should pay you for all activities you perform on its behalf.
If you are working for your employer but not getting paid for your work or you are working and receiving anything less than minimum wage, then you should contact Herbert & McClelland and let us help you recover all of the wages that you worked hard to earn.
Misclassified as Independent Contractor
Sometimes employers misclassify employees as independent contractors to avoid: paying overtime, providing medical insurance, carrying workers’ compensation coverage, or paying state and federal taxes.
Just because your employer tells you that you are an independent contractor and gives you a 1099-IRS tax form that does not make you an independent contractor. The courts look at the economic realities of your work situation to determine if you are an employee or an independent contractor. For example, how much control does your employer exercise over you? If you are economically dependent upon your employer, then it is possible that you have been misclassified as an independent contractor. There are many factors that the courts consider when deciding whether an individual is an independent contractor or employee.
If you have been improperly classified as an independent contractor, then you may be entitled to back overtime wages and other benefits. Please contact the experienced wage and hour attorneys at Herbert & McClelland, LLP so that they can evaluate the facts of your situation to help determine if you have a case.
If you are not being paid the overtime you are owed, if you are not being paid all of the wages you worked hard to earn, or if you have been misclassified as an independent contractor then call Shane A. McClelland of Herbert & McClelland LLP at 713-987-7100 to discuss your wage and hour claim. The wage and hour attorneys at Herbert & McClelland look forward to speaking with you to evaluate your facts to see if you have a claim. Call now to get a lawyer’s opinion on your potential wage and hour claim or simply fill out our free case evaluation form or call us at 713-987-7100, and we will respond promptly to help assess your case.