Houston FLSA Attorney
Overtime Law and Minimum Wage (FLSA)
Understanding Overtime FLSA Claims
Suing Your Employer for Unpaid Overtime
Federal and state law mandates that employers pay their employees a minimum wage and overtime for hours worked over 40 hours a week. As the top Houston FLSA Attorney, I have experienced exceptions to overtime rules, but often times employers try to misuse those exceptions or trick employees into believing an exception applies. These types of claims commonly arise under the Fair Labor Standards Act (commonly referred to as “FLSA”) and can be very complicated for a layperson to figure out. If you have suspicions about your wages, you should contact us immediately. There’s no use sitting by idly wondering or worse yet falling prey to your employer’s potential misrepresentations about your wages and what you are owed.
Houston FLSA Attorney Remedies
The FLSA is a burdensome statute to understand because it is very complex. In general, employees are entitled to time and a half for each hour they work above 40 hours in a workweek. There are exceptions to the rule, however. For example, executives, certain employees paid by salary, and various highly-compensated employees are not entitled to overtime pay.
And you may be entitled to overtime pay even if you are paid a salary. An employee’s entitlement to overtime pay is not based on whether they are paid a salary alone.
When an employee brings a lawsuit to a Houston FLSA Attorney based on unpaid overtime and wages and wins, he or she is entitled to an award of damages which may include:
- what he or she should have been paid over the last two years (or three years in certain circumstances);
- liquidated damages, or a doubling of what the employee should have been paid over the last two years (or three years in certain circumstances); and
- attorneys’ fees and costs.
Remedies may also include punitive damages where it can be shown that the employer retaliated against the employee for asserting rights under the FLSA.
Houston Employment Laws determine what is legal in the workplace and the rights of employees and their employers. These laws exist in order to ensure the safety and fair treatment of workers while also protecting the interests of employers. The laws are based on both federal and state constitutions, administration, legislation and opinions of the court. In some cases, a contract may dictate an employment relationship.
Houston FLSA Attorney FAQ’s
Is overtime law the same in every state?
Overtime provisions are outlined in the Fair Labor Standards Act (FLSA), which is a federal law. Overtime rights and restrictions therefore are the same from state to state. Other labor laws may differ by state, including minimum wage and workers’ compensation.
Who administers rights under the FLSA?
The Wage and Hour Division administers everything detailed in the FLSA.
Is overtime pay only for employees of certain businesses?
According to the Department of Labor, the FLSA’s overtime provisions apply to employees who work for businesses that engage in interstate commerce, usually not less than $500,000 in annual dollar volume of business. However, the Act also applies to some businesses regardless of annual dollar volume, like hospitals, domestic service companies, and higher education institutions.
Who is exempt from overtime law?
There are exempt and nonexempt employees as it applies to overtime provisions in the FLSA. Some examples of exempt employees include executives, outside salesmen, “skilled computer professionals,” farm workers who work on small farms, and babysitters.
Talking to Us is Easy
- Enter your details into the “Contact Us” form
- An attorney will call you back
- We will let you know if we can help
- You owe us nothing unless we recover money for you