Overtime Claims

Are you confused about whether you are entitled to overtime pay?


All employees--including salaried employees--and many "independent contractors" are entitled to overtime pay equal to at least 1.5 times their regular rate for hours worked in excess of 40 in a work week, unless specifically "exempt".

Some employers intentionally violate overtime law to pad their bottom-line because they recognize the difficulties employees face trying to understand whether they are entitled to overtime pay. But employers do so at great risk.

Exemptions are few and the penalties for violating an employee's overtime rights, even for mistakes, are severe. If you regularly work more than 40 hours per workweek and don't receive overtime pay, you may be owed thousands of dollars in unpaid overtime plus penalties, interest, and attorneys' fees.

Overtime cases fall under the FLSA or the Fair Labor Standards Act. There are two main type of cases: misclassification cases and off-the-clock cases. Our firm will investigate for any evidence of misclassification of employees as executives to avoid paying overtime; refusal to pay an employee for mandatory activities that benefit his or her employer; and compensating workers at levels below the minimum wage.

If your employer is suspected of not paying you for your overtime work you should speak with Mestemaker & Straub about your claim.

Overtime Claims in Texas

The statute of limitations in Texas is the same as Federal Law for overtime claimlawsuits, meaning claims can be made for the prior 2 years, or 3 years if the violation was willful. However, unpaid overtime wage claims filed with the TexasWorkforce Commission (TWC) only cover a period of 180 days prior to filing.



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