Your Employer Must Pay Time-and-a-Half for Overtime
If you work more than 40 hours per week and don't receive time-and-a-half pay (1.5 times your regular rate), your employer is violating federal law. The Fair Labor Standards Act (FLSA) requires most employees to receive overtime pay, regardless of whether you're paid hourly or salary.
You Could Be Owed Thousands
Many workers are surprised to learn how much they're owed in back overtime pay. When combined with liquidated damages (equal to your unpaid wages), recoveries often reach into the tens of thousands of dollars - sometimes much more.
Common Unpaid Overtime Violations
Misclassified as "Exempt"
Your employer calls you "exempt" or pays you a salary, but you don't actually manage people or make important business decisions. Simply being paid a salary doesn't make you exempt from overtime.
Off-the-Clock Work
Required to arrive early, work through lunch, stay late, or work from home without compensation. All work time must be paid, including setup, cleanup, and mandatory training.
Comp Time Instead of Pay
Your employer gives you time off instead of paying overtime, or tells you to leave early to avoid overtime pay. Private employers cannot substitute comp time for overtime pay.
Straight Time for Overtime
You receive your regular rate for overtime hours instead of time-and-a-half. Some employers illegally cap overtime pay or use averaging schemes to avoid proper overtime rates.
Unpaid Mandatory Activities
Attending unpaid meetings, training sessions, or team-building events. Travel time, preparation work, and post-shift responsibilities that benefit your employer must be compensated.
Incorrect Time Records
Automatic deductions for breaks you didn't take, altered time cards, or pressure to under-report hours worked. Employers must pay for all time worked, not just time recorded.
Who Is Entitled to Overtime Pay?
Most employees are entitled to overtime pay unless they meet very specific exemption criteria. To be exempt from overtime, you must:
- Be paid at least $684 per week ($35,568 annually) on a salary basis
- Have executive, administrative, or professional duties as your primary job function
- Exercise discretion and independent judgment on matters of significance
Common jobs that are often incorrectly classified as exempt include:
- Assistant managers who don't actually manage people
- Administrative assistants and office workers
- Customer service representatives
- Sales associates (unless outside sales)
- Loan officers and financial service workers
- Restaurant shift supervisors
- Computer technicians and IT support
How Much Can You Recover?
Under federal law, you may be entitled to recover:
- Back overtime wages - The difference between what you were paid and what you should have been paid
- Liquidated damages - An additional amount equal to your unpaid wages (essentially doubling your recovery)
- Attorney's fees and costs - You don't pay legal fees if you win
- Interest - On all unpaid amounts from the date they were due
Example Recovery Calculation
Worker earning $20/hour, working 50 hours/week for 2 years:
• Unpaid overtime: 10 hours × $30/hour × 104 weeks = $31,200
• Liquidated damages: $31,200
• Total potential recovery: $62,400
How We Handle Your Unpaid Overtime Case
Free Case Review
We analyze your work situation, pay records, and job duties to determine if you have a valid overtime claim.
Investigate Your Claim
We gather evidence, review employment records, and calculate exactly how much you're owed in back wages and damages.
Demand Payment
We contact your employer to demand payment of unpaid overtime wages, often resolving cases without lengthy litigation.
File Lawsuit if Needed
If your employer refuses to pay, we file a federal lawsuit to recover your wages, damages, and attorney's fees.
Why Choose Paul M. Botros?
- 15+ years focusing exclusively on employment law
- Millions recovered for workers in wage and hour cases
- No fees unless you win - zero upfront costs
- Licensed in Texas and Florida - federal court experience
- Personal attention - Paul personally reviews every case
Time Limits for Filing Overtime Claims
Don't wait to file your claim. Federal law has strict time limits:
- 2 years - Standard time limit to recover unpaid overtime wages
- 3 years - If the violation was willful (your employer knew they were breaking the law)
- Time continues to run - Even after you quit or are fired
Act Now - Every Day Matters
The longer you wait, the more wages you may lose forever. If you worked unpaid overtime more than 2-3 years ago, you may not be able to recover those wages. Contact us today for a free case evaluation.
Frequently Asked Questions
Can my employer retaliate against me for filing an overtime claim?
No. Federal law prohibits employers from retaliating against employees who file wage claims or assert their rights under overtime laws. Retaliation is a separate legal violation with its own damages.
What if I signed an agreement waiving my right to overtime pay?
You cannot waive your right to overtime pay under federal law. Any agreement attempting to waive overtime rights is invalid and unenforceable.
Do I need pay stubs or time records to file a claim?
While helpful, you don't need perfect records. We can obtain employment records from your employer and use other evidence to prove the hours you worked and wages you're owed.