Unpaid Overtime Lawyers

In addition to protecting workers’ rights to minimum wage, the Fair Labor Standards Act (FLSA), a federal statute, protects non-exempt employees’ rights to overtime pay. Under the FLSA, non-exempt employees are entitled to “time and a half,” or one-and-a-half times their normal rate of pay for every hour worked beyond 40 in a single workweek. 

This means that most employers (with some exceptions) in the United States must pay their non-exempt employees overtime when those employees work more than 40 hours in a week. 

In some states, like California, additional laws protect employees’ rights to overtime when they work more than eight hours in a single workday. Additionally, non-exempt employees in California are entitled to twice their regular rate per hour worked beyond 12 in a single workday, as well as for all hours worked beyond eight hours on the seventh consecutive day of work in a single workweek. 

It is important that you know your rights based on the state in which you live and work. If you are unsure whether your employer violated your right to overtime, contact our team at Josephson Dunlap. We can discuss your situation during a free, no-obligation consultation. 

What Is an “Exempt” Employee? 

Generally speaking, an exempt employee is one who is not entitled to—or exempted from—overtime. Each state has its own set of criteria that determine whether an employee is exempt. 

In many states, an employee is considered “exempt” if they meet some or all of the following requirements: 

• The worker is considered an “employee,” rather than an independent contractor
• The employee is paid a salary, rather than on an hourly or day-rate basis 
• The employee’s salary meets a certain salary threshold 
• The employee is a professional or is engaged in administrative, executive, managerial, outside sales, or certain computer-related work 

If your employer has classified you as “exempt,” but you believe that you do not meet the criteria for this classification, reach out to Josephson Dunlap. Companies often misclassify their employees in an effort to avoid paying overtime and save money for the company, but this is illegal in most cases. 

Even if an employer unintentionally misclassifies an employee, they can be held accountable. 

Can You Sue Your Employer If They Don’t Pay You Overtime?

If your employer does not pay you overtime to which you are entitled, you can file a civil lawsuit and seek compensation for your damages. The exact type of damages that can be recovered depends on the situation and the applicable state or federal labor laws. 

Generally, though, employees can seek compensation for:

• Unpaid overtime wages 
• Backpay 
• Interest on unpaid wages, extending back to when the employee should have been paid
• Liquidated damages, which are double the amount of unpaid wages
• Attorney fees and court costs 

In some states, employers may even be required to pay certain penalties for unpaid overtime/wages. 

At Josephson Dunlap, we help our clients seek maximum compensation for their losses, including both unpaid overtime and various damages, such as pain and suffering. Our unpaid overtime attorneys can help you navigate the legal process and seek the fair compensation you are owed.