03 Jun 2020

What Is an Overtime Lawyer?

When you are looking to report an overtime violation, you need to speak to an overtime lawyer first. Reporting wage violations to the government are only one of the options available to you to ensure you are properly compensated for your time and labor. With the help of our experienced Houston overtime lawyers, you may be able to sue your employer and recover compensation that you rightfully earned. Contact The Craighead Law Firm today to discuss your rights and options.

overtime lawyer in Houston

Overtime laws, sometimes known as wage and hour laws, can be confusing to anyone who is not well-versed in them. However, it is important that all employees know their rights. The Fair Labor Standards Act (FLSA) has a complicated set of rules about overtime exemptions. These rules as well as court decisions determine whether you are entitled to receive overtime pay. 

Other factors, such as the classification of your exempt or non-exempt status or the various payment methods, affect whether you are owed unpaid overtime. Some positions, such as employers at non-profit organizations are exempt from overtime. Whether you are an employee or an independent contractor, fully understanding your employment will help you understand your rights as a worker. A qualified overtime attorney can help you understand and ensure that the process is much easier. 

Just as a DWI lawyer handles cases related to a DWI charge, an overtime lawyer handles numerous issues related to being paid overtime. An employment law attorney pursues cases regarding a wide range of wage-related issues for workers. These lawyers help workers who have been wrongly denied compensation, had their tips stolen by management, paid less than the minimum wage, have been forced to work off-the-clock, or otherwise have employers avoid paying. 

Working with an overtime lawyer will help you receive what is owed to you, potentially providing additional damages as well. When you have been denied fair payment for your labor, an experienced Overtime Attorney dedicates themselves to fighting for you. They will aggressively pursue these cases to get you the funds that you deserve. 

Why Hire an Overtime Lawyer? 

An overtime lawyer will help you file a lawsuit. Depending on the size of your employer, they likely have attorneys guiding them through the process and acting as advocates against your interests. These cases can become complicated and convoluted, and you should hire an overtime lawyer to assist you. Plus, an overtime lawyer is statutorily entitled to seek recovery of his or her attorneys’ fees from the employer. Consequently, it is possible your employer will be required to pay your attorneys’ fees. It is important for you to contact an overtime attorney who can ensure you retain your right to sue and recover compensation for the hours you have worked. Your attorney will likely want to review several things:

  • The type of work you performed 
  • How and when you were compensated 
  • Any relevant documents – pay stubs, personal records of hours worked, etc.

Note: Workers are not required to file a report with the DOL before filing a private lawsuit. This means that if you suspect your employer has been illegally denying you earned overtime pay, you are not required to consult with the DOL before you file a lawsuit with a lawyer. 

Your Overtime lawyer can protect you against retaliation. When you work with an overtime attorney, they will help to ensure that your rights are protected while you seek compensation for unpaid wages. 

Employers are prohibited by law from retaliation against employees exercising their legal rights. If you were fired, demoted, or retaliated against in any way for your lawsuit, you may be able to file a separate lawsuit to seek additional compensation, damages, or to have your job reinstated. 

What Happens When I File a Lawsuit? 

A Houston employment law firm can be of great service to anyone seeking due compensation. If you decide to file a lawsuit with the help of The Craighead Law Firm, our overtime attorneys will draft a complaint and file it in court on your behalf. This complaint is a legal document that outlines the laws that your employer allegedly broke and the compensation that you are seeking. Our employment law firm understands federal and state law regarding wage and hour violations. We value the attorney-client relationship and take our job duties seriously.

Your employer may wish to settle the lawsuit outside of court. In these cases, having an overtime lawyer to advocate for your rights is crucial. Our experienced overtime attorneys will review any proposed settlement offers and negotiate the terms to ensure the deal meets your needs. 

If our lawyers are unable to reach an agreement with your employer, your case may go to trial. From there, we will fight for your needs until a judge or jury decides whether your employer broke the law and how much compensation you should receive. 

Have you been denied overtime pay? Contact our experienced Houston overtime lawyers to learn more about your legal options. Find out whether you have a case, and we will discuss the best course of action for you to meet your needs. 

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