As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.
Non-exempt employees are entitled to overtime pay when they work a certain number of hours a day or a week. Depending on where you live and the state in which you work, you could be eligible for overtime at a rate of one-and-a-half times your regular rate of pay when you work more than 40 hours in a single workweek or more than 8 hours in a single workday.
However, many employers fail to properly compensate employees for overtime.
If your employer did not pay you for overtime hours earned, or if you have been misclassified as an exempt employee, we can help.
At Josephson Dunlap, we have one goal: to assist workers in seeking the fair wages they are owed. Our unpaid overtime lawyers dedicate their practice to representing the rights of workers nationwide, helping them take aggressive legal action against employers that seek to avoid paying fair wages. We are ready to fight for you.
“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”- Robert F. Straight Time for Overtime
“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”- Samantha R. Off-The-Clock Case
“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”- Tony S. Misclassification Case
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
- 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.
The key to successfully recovering unpaid overtime is filing a claim as quickly as possible. Under the federal wage and hour law, the Fair Labor Standards Act, employees must file their unpaid overtime claims within two years from when they occurred, or within three years for “willful” violations.
Similarly, employees must file their unpaid overtime claims under state law within your state's statute of limitations, which differ from state to state.
However, it is not advised to wait until the federal or state statute of limitations are up. The sooner you bring your unpaid overtime claim, the more likely it is that important details and records will be preserved, and the more likely it is that you can recover damages.
As a large, well-established firm with a nationwide presence, Josephson Dunlap is known as an authority in wage and hour claims, employment law, and related matters.
Our legal team brings more than two decades of experience to its practice of law, and we have secured hundreds of millions of dollars in unpaid wages and overtime for our clients.
We have represented over 100,000 clients and have filed more than 1,800 cases throughout the United States; if you are struggling because your employer failed to pay you the overtime you earned, reach out to our team right away to learn how we can help.
In most states, there is a limited amount of time to file your lawsuit. Don’t wait until it’s too late! Contact Josephson Dunlap today for a free consultation.
You can reach us online or by phone at (888) 742-7242.
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