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Unpaid Overtime Law

Unpaid Overtime Law

Dallas-Fort Worth Attorneys Defending Your Rights to Overtime

Has your employer knowingly required you to work — or let you work — more than 40 hours a week without time and a half pay? Such actions may be illegal under the Fair Labor Standards Act (FLSA).

Charles Kaplan & Associates, LLP, is a sophisticated employment law firm that offers dedicated and passionate representation of employees who are the victims of unpaid overtime.

Employers must follow overtime laws. Do you have questions regarding whether your unpaid overtime was legal? Contact Charles Kaplan at 214-522-4900 or 877-290-3163.

Wage and Hour Law

The federal Fair Labor Standards Act, also known as the Wages and Hours Bill, determines a national minimum wage and guarantees that non-exempt employees are paid at least time and a half for overtime.

An employee may work 40 hours during each 7-day period. Any work beyond that is considered overtime. Overtime includes any time spent working on a work-related project (in any location), hours spent reworking projects and time spent waiting for work.

Exemptions to Overtime Law

Employees who fall under the exemptions to the unpaid overtime law are not entitled to overtime pay under the FLSA. Certain jobs — such as movie theater workers, police officers and medical workers — are also not covered by, or are exempt from, the FLSA.

Salaried employees are exempt if they are paid at least $455 per work week, are not teachers, doctors or lawyers working in a professional capacity, and fall into one or more of three exemption categories:

  • Administrative exemption: employees are administrative workers if they perform office/non-manual work, including exercise of independent judgment regarding significant matters
  • Executive exemption: employees who manage an enterprise, department or subdivision, direct the work of at least two or more full-time employees or their equivalent and have input into hiring/firing decisions fall under this exemption
  • Professional exemption: professionals such as learned professionals, creative professionals, teachers and computer employees are exempt from FLSA unpaid overtime laws

Employees who fall under the exemptions may be protected by other agency, state or local laws. Contact Kaplan & Associates to learn about these laws and whether or not you are exempt under the FLSA.

Willful Violation of the Law

If your employer willfully violated overtime laws, our law firm can bring an action to recover the pay to which you are entitled. Even if it was your choice to work extra hours, you are entitled to overtime pay if your employer was aware of that choice.

Kaplan & Associates will represent you in your employment law claim, whether it involves unpaid/failure to pay overtime, underpaid overtime or your employer's misclassification or you as an exempt employee.

Contact Kaplan & Associates, LLP, for an initial consultation regarding unpaid overtime law in Texas, Florida, Washington, D.C., Pennsylvania, New York or elsewhere.