Houston employment lawyers Robert J. Wiley and Kalandra N. Wheeler represent Houston workers who have not had their overtime paid. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, when you have had your overtime not calculated properly you need an attorney that understands your situation and that will fight for you.
Under both the Fair Labor Standards Act (“FLSA”) and the Texas state law an employer is obligated to pay its employees time and a half for every hour over 40 hours worked in any given work week. Being paid your regular pay rate for these hour is not enough.
Many times employers will attempt to convince their employees that they are not eligible for overtime, but these exceptions are few and narrowly construed. Examples of positions that are not eligible for overtime are:
- Executives who manage employees;
- Administrators who manage company operations;
- Professionals that may be paid in a salary under the law; and
- Independent contractors
- Being subject to a non-compete agreement;
- Having to adhere to a strict work schedule;
- Having the tools of the trade provided to you by your employer;
- Wearing a company uniform; and
- Receiving employee type benefits such as pension plan, vacation hours, sick time.
Additionally, just because an employer states that you are paid on a salary basis does not automatically relief them of their duty to you for overtime compensation. There are also several factors that must be taken into account before making such a determination. Allowing an employer to label employees as exempt with impunity would basically reduce our rights to nothing.
If you are not properly being paid your overtime you may be owed hundreds if not thousands of dollars. Under the FLSA, an employee is allowed to look back two years with the possibility of three years depending on the circumstances when determining how much overtime they are owed.
The only way to defend not only your rights as a hard working employee but those of others is to step forward. A hard days pay for a hard days work. Do not let your employer take money that is rightfully yours. We can only do our job if workers step forward and fight unfair employment practices. It can be difficult to step forward and take a stand and that is why you need a team of professionals that will be with you every step of the way.
If you feel you have been misclassified as an employee that should not receive overtime, do not hesitate to contact our law firm. If you choose to contact us, you will generally meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.