20 Aug 2020

Have You Been Denied Overtime?

Denied Overtime? Heres What an Overtime Attorney Can Do 

Has your employer denied overtime? Are they avoiding paying you? If so, your due wages could be a significant amount of money. In fact, the U.S. Department of Labor (DOL) estimates that 72% of employers are not in compliance with the Fair Labor Standards Act (FLSA).

This act regulates overtime pay across the country. In 2014, the DOL collected $240 million in back wages, and unpaid overtime was a large percentage of that money. 

Concept of justice, Hammer and the lawyer are giving legal advice.

How Do Employers Avoid Overtime Payments? 

The FLSA can be quite difficult to navigate and understand on your own. As Houston overtime lawyers, we help workers determine their eligibility for overtime and fight on their behalf. There are a variety of ways in which employers avoid paying overtime. 

  • Asking them to perform duties off the clock, for which they will not receive compensation
  • Not compensating them for meetings, training sessions, etc that are mandatory 
  • Wrongfully classifying them as exempt or independent contractors, making them ineligible for overtime pay
  • Asking them to do work before they clock in or after they clock out

Why Dont Employers Pay Overtime? 

The simple answer is that not paying due wages cuts their costs and increases their profits. Still, not paying overtime can be a calculated measure that they take to save money. There are as many reasons that employers fail to pay as there are ways to avoid paying. 

  • They fully believe they can get away with it. Many employees don’t complain for fear of losing their jobs. 
  • They simply don’t realize they need to pay overtime.
  • At times, it may be less expensive to violate the FLSA and wage and hour regulations since only a handful of employees claim unpaid overtime. 
  • They claim they cannot afford to pay for overtime hours worked. 

What Are My Options When I’m Denied Overtime? 

When your employer has denied overtime pay, your first step may be to discuss the issue with them. This gives your employer the opportunity to resolve the issue. Likewise, it gives them a chance to explain why you haven’t been paid.

After this discussion, the situation may feel unresolved. A Houston overtime lawyer can help you explore your options from here and act as an advocate on your behalf. 

While you have the option to file a complaint with the DOL’s Wage and Hour Division, these agencies can be difficult to work through and are not always reliable.The best option is  hire an FLSA attorney who understand overtime regulations. Your overtime attorney will help you file a civil lawsuit when you are denied overtime. Oftentimes, people are reluctant to hire an attorney because they don’t think they can afford it, but this is a misnomer because the FLSA has an attorneys’ fee provision that can require the employer to pay your attorneys’ fees. Thus, many attorneys, including the Craighead Law Firm, take these cases on a contingency fee basis. This is because an overtime lawyer can help you gain more than your due wages as well as your attorneys’ fees. 

What Are My Odds?

Oftentimes, the courts assist employees when they are denied overtime and rightfully owed compensation. When you can prove that you performed work and not paid for it, they tend towards the wages owed, damages, and attorney fees. 

It is important to note that you could potentially bring a collective action against your employer when other workers are owed money as well. Consult with an experienced attorney to cover employment law and help your team receive overtime pay.

Hire a Houston Overtime Attorney

When you believe you were denied overtime payments by your employer, contact our Houston overtime attorneys. Our FLSA attorneys can help you understand your eligibility for overtime wages and act as advocates on your behalf.

As top-rated Houston employment lawyers, we fight for our clients to help them get what they deserve. Because we make a living by fighting for employee rights, we do not back down against employers. Contact us today and let us fight for you.