A Texas unpaid overtime lawsuit may be an option for hourly and salaried employees, in addition to certain contractors, who work over 40 hours per week and have not received the compensation they are entitled. If an employee feels that they have not received the overtime pay they are due, a Texas unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact the Attorney Group for Texas today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Texas unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Added financial compensation for time worked beyond traditional working hours is considered overtime. Under the Fair Labor Standards Act (FLSA), employees are required to be paid “time and a half” or one and one-half their regular rate of pay for hours worked in excess of 40 hours in a workweek.
Who is Eligible for Overtime Pay?
“Nonexempt” employees are eligible for overtime pay. Both hourly and salaried employees who earn less than $455 per week are considered nonexempt. To be exempt from the overtime provisions under the FLSA, an employee usually is paid based on a salary and performs exempt job duties.
Overtime pay exemptions include:
- “White collar” employees who work as executives, administrators, and professionals
- Computer-related occupations such as computer systems analysts, computer programmers, or software engineers
- Outside sales employees
- Highly-compensated employees who make at least $100,000 per year
On May 18, 2016, the Department of Labor (DOL) issued a final rule regarding overtime provisions set by the FLSA. Those new provisions were set to go into effect on December 1, 2016, and would have reportedly extended overtime pay protections to over 4 million workers in the United States.
According to the DOL, U.S. District Court Judge for the Eastern District of Texas granted an Emergency Motion for Preliminary Injunction of the overtime rule on November 22, 2016. The injunction blocked the final rule from taking effect at the scheduled date, however, the Department of Justice filed a notice to appeal the injunction on December 1, 2016.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors are people who work for themselves and are not considered to be regular employees. Because they are not considered to be employees, independent contractors do not receive the same overtime benefits a normal employee would. According to the U.S. Department of Labor, however, an increasing number of workplaces in the United States are mislabeling their employees as independent contractors, avoiding many workplace regulations such as minimum wage, overtime compensation, unemployment insurance, and workers’ compensation.
Just because an employer labels an employee as an independent contractor does not mean that they are. If an employee feels that they have been mislabeled as an independent contractor, they may be able to file a Texas unpaid overtime lawsuit and seek compensation for lost wages.
Common occupations often mislabeled as independent contractors include:
- Tow truck drivers
- Truck drivers
- Port workers
- Construction workers
- Exotic dancers
- Call center workers
- Package delivery workers
Unpaid Overtime Lawsuits
Each year investigators from the DOL Wage and Hour Division find violations of the overtime provisions of the FLSA and dozens of unpaid overtime lawsuits are filed across the U.S. In many cases, workers are mislabeled as independent contractors, denying employees their rights to overtime pay and other employee benefits and provisions.
As part of an ongoing investigation of the oil and gas industry by the DOL Wage and Hour Division, investigators discovered that a Corpus Christi refinery had not compensated their employees for time spent briefing incoming workers on the next shift. As a result of the investigation, 239 affected employees received over $460,000 in unpaid overtime wages.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Employees who have been unlawfully denied overtime pay may file a Texas unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. In those cases, the employee may be able to pursue compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a Texas Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact the Attorney Group for Texas. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.