Unpaid Overtime Attorneys

Contact Us
1
2
3
a man sitting at a table with 4 hands does not have time to work

Work over 40 hours per week, but not being paid overtime or paid at the proper rate? You need an overtime attorney.

The relationship between an employee and their employer is not always what it should be. What should it be? Well, you do your job, and your employer pays you. Whether you signed a written contract or not, there is an agreement between you and your employer. You have responsibilities at work. You also have rights. Your employer has responsibilities and rights, too. Your employer must also obey all the laws regulating how employers pay their workers.

Yes, the government created laws to make employers treat their employees fairly.

If you are lucky to have an employer who respects and treats you fairly, that’s excellent. However, if you are one of the millions of employees who work for an employer who thinks they can mistreat you, we’re sorry. We know how that feels. Our employment law attorneys work with employees who encounter all sorts of mistreatment at work, from discrimination to unpaid overtime wages. We know that when you give your time, efforts,  muscle, creativity, loyalty, passion, and yourself to your job, but your employer fails to appreciate that and denies you your rights, it really hurts.

When people get hurt, we help them. We assess the situation, apply laws, and take action. If the action means we file a lawsuit on your behalf to get you what you deserve, then that is what we do. There are federal laws and state laws that apply when considering an unpaid overtime lawsuit, though state laws vary. We practice nationwide, so we know the laws in every state. So when you ask, “are there any unpaid overtime lawyers near me?” The answer is always yes. We are near you and eager to help you.

What is Overtime?

Overtime refers to all the time that exceeds 40 hours in one week.

Overtime Laws

No matter when you work, on what day your work week starts, or what shift you work, a federal law called the Fair Labor Standards Act (FLSA) applies to the vast majority of employees in the United States. The FLSA ensures fair pay for U.S. workers. It sets rules for minimum wage, overtime, record-keeping, and child labor. Employers break this law when they deny overtime pay.

Overtime Rights of Employees

Employees are entitled to overtime pay. Period.  Work and worker exploitation have a long history in the United States. Congress passed the FLSA in 1940 and made the 40-hour workweek the law. A 40-hour workweek aims to balance productivity with well-being, prevent worker exploitation, and ensure time for rest, family, and personal time. Any time an employee’s workweek exceeds 40 hours, they have rights.

How do You Calculate Unpaid Overtime?

Under the FLSA: 

  • You must make at least $7.25 per hour. This is the current minimum wage. Some states even have a higher minimum wage.
  • For tipped employees making at least $30 monthly in tips, employers can pay below minimum wage but must compensate if total earnings fall short of the minimum wage.
  • Overtime pay is 1.5 times your regular pay rate.
  • By law, overtime pay is required when you work more than 40 hours a week. Your employer must pay you overtime pay when you work more than 40 hours per week.
  • Employers must keep detailed employee records, including personal information, occupation, work hours, pay rates, and wages. If there comes a time when we have to contact your employer to ask for your timesheets, the FLSA guarantees they’ll have them. If not, you are entitled to compensation.

Contact an unpaid overtime lawyer if you suspect your employer is violating FLSA.

What Employees Are Exempt From Overtime Pay

Some employees, called exempt employees, are not entitled to overtime pay. Exempt employees are executives, professionals with special education, outside salespeople, and some computer-related positions. These exempt employees usually perform job duties that are managerial, administrative, or specialized in nature and receive a salary rather than hourly wages.

How Much Can You Recover?

You can recover the money owed you. (See below.)  You can also contact an unpaid overtime attorney who can recover that and more through a lawsuit.  If your employer does not pay you enough, they likely do not pay anyone enough. We can review your situation and take appropriate legal action. In a lawsuit, you not only recover the unpaid overtime but you can recover additional damages also. Under the FLSA, employees can get “liquidated damages,” sometimes equal to triple the amount of unpaid overtime, effectively tripling the compensation owed.

Moreover, if the court finds that your employer did not pay you enough on purpose, you might recover overtime pay up to three years back along with legal fees and court costs. Some courts will also give you punitive damages if they find that your employer treat you unfairly after you reported the unpaid overtime.

Common Ways Employers Violate Overtime Law

Employers have many creative ways to deny workers their rightful overtime pay.

  • Exempt versus Non-exempt. A common method is misclassifying employees as “exempt” when the employee should be classified as “non-exempt.” Exempt employees are usually salaried, must make a certain amount, and have some managerial duties. An employer might say, “Given your managerial role, you’re exempt from overtime,” even if the employee doesn't have genuine managerial responsibilities. Only non-exempt employees qualify for overtime; exempt employees include certain professionals earning at least $684 per week, outside sales staff, and some computer-related roles.
  • Off-the-Clock Work. Some bosses will also require their employees to do “off-the-clock” work. An employer might casually mention, “Can you just wrap this up? It shouldn't take too long, so no need to clock in.” Some employers manipulate time records, shaving off minutes or hours from the actual time worked, with statements like, “We only count hours in 15-minute increments, so that extra 10 minutes doesn't count.” Another example is employers not paying for travel time, like when you have to travel to a job site, ask you to work through breaks, and cut lunch breaks short. Cutting a lunch break 10 minutes short every day for a year is worth about a week and a half of pay.
  • Arithmetic Mistakes. Sometimes, employers just miscalculate overtime. They may manufacture an unnecessarily complicated compensation system or pay you based on your productivity. But what you earn must be at least the equivalent of the pay outlined in the labor laws.
  • Money Alternatives. Employers may also offer “comp time” instead of actual overtime pay, suggesting time off as compensation for extra hours worked, “We'll give you time off next week for the extra hours now.” The FLSA makes paying an employee 1.5 times their regular rate for every hour worked over 40 hours per week. Comp time is not that.

These practices not only ignore your rights, but they also violate labor laws and leave you underpaid for your time and effort. If you have any questions about this or have heard your boss say this to you, contact an unpaid overtime lawyer.

What Can You Do If You Are Denied Overtime Pay

If your employer does not pay you overtime or has not paid you the right amount of overtime pay, contact an unpaid overtime lawyer. We will assess your case and take the best course of action to get you your unpaid overtime wages - and more.

Sometimes, the first step is addressing the issue with your employer, in case it’s just an honest mistake or clerical error. Other times, we’ll advise you to file a complaint with the United States Department of Labor’s Wage and Hour Division. This is the federal agency that investigates wage violations and can enforce payment.

How Can Unpaid Overtime Lawyer Help You

Laws vary by state. An overtime dispute lawyer at Consumer Attorneys will listen to you, assess the circumstances of your job, do some research on your employer, apply the relevant laws, offer legal advice, and, depending on all of these factors, file an overtime lawsuit. We strive to get you the compensation you deserve.

We also know that work is essential - it’s how you pay your bills, can be your most significant source of community, and can be a big part of who you are. We will support you through the process and ensure your rights are respected.

Who Can We Help?

We help anyone who has been mistreated at any job in any industry, such as: retail workers at big department stores, gardeners, groundskeepers, landscapers, restaurant workers, forklift operators, construction workers, grocery store stockers, nurses, firefighters, call center representatives, technicians, and painters. If you are an employee who gets paid by the hour, we can help you.

Contact us to talk about your employer, your hours worked, your work, your pay, and we can talk about getting you paid what you deserve. You have already earned the pay, and you deserve it to hold your employer accountable. We are attorneys who fight for workers and consumers and will fight for you in an unpaid overtime lawsuit.

Consumer Protection ShieldsConsumer Protection Shields
Daniel Cohen is the Founding Partner of Consumer Attorneys

Unpaid Overtime Attorneys

Daniel Cohen

Get in Touch

Frequently Asked Questions

Anyone can report working hours beyond their scheduled shifts without receiving due overtime compensation. We have heard from people in retail, construction, food service, hospitality, customer service, landscaping, farming, and other demanding jobs who frequently stay late to assist customers or complete tasks that must be done before they go home. Any fast-paced, customer-oriented, time-sensitive, seasonal job will contribute to a high rate of unpaid overtime.

Working overtime is not pointless. Working overtime can open doors to professional growth and financial stability. First, there are significant financial benefits. Overtime hours will lead to higher pay since you should be paid 1.5 times your regular rate for every hour over 40 you work per week. This will boost your overall pay significantly. It can be a strategic move for career growth since working overtime can show your employer your dedication and work ethic, which can lead to opportunities for advancement within your company. It can demonstrate your commitment to the job and willingness to go the extra mile. Of course, this all depends on your employer recognizing overtime, obeying the law, and paying you fairly for it.

Employers don't want to pay overtime for many reasons. First, there are increased labor costs. Paying workers 1.5 times their usual wages can impact a company’s financial health, especially for businesses with tight budgets. Additionally, some employers may view the need for overtime as a sign of inefficiency. They may prefer ways to maximize regular working hours for productivity. They might also be concerned about long-term issues, like employee burnout or decreased morale among employees who work long hours. This can affect overall workplace performance and satisfaction. However, even though employers may not want to pay overtime, if you work overtime, they must pay you for it.

Practice Areas
Did you lose out on a mortgage, car loan, job, rental, or other opportunity due to inaccurate, misleading, or false information in a credit report? Not only is this unfair and upsetting, but it can also have broad financial consequences. We explain why credit mistakes happen, how to fix them, and how a skilled credit report lawyer can help. See more
Did you lose out on a job, housing, or other opportunity due to inaccurate, misleading, or false information in a background check report? Not only is this unfair and upsetting, but it can also have broad financial consequences. We explain why it happens, how to fix it, what your rights are, and how a background check lawyer can help. See more
Do you know or suspect that you're the victim of identity theft? This crime has devasting financial and emotional consequences. We explain how this crime happens, how to prevent it, what your legal rights are, and how an identity theft lawyer can help. Read on to empower yourself, then reach out to recover! See more
Unscrupulous, abusive, and harassing debt collection practices can make a hard financial situation feel like mental and emotional torture. You do not have to put up with it! Learn what your rights are under the FDCPA, how to enforce them, and why a debt collection harassment lawyer is your best bet for a full financial and emotional recovery. See more
Workplace discrimination is WRONG! If you believe you’ve faced workplace discrimination, check out our article and discover your rights, legal options, and how our labor & employment lawyers fight for fair workplaces. Contact Consumer Attorneys now to defend your rights! See more
Contact Us
INVESTIGATIVE ENGAGEMENT AGREEMENT

You, (“Client,” “you”), and Consumer Attorneys PLC (“CA” or “we”), located at 8095 N. 85th Way, Scottsdale, AZ 85258 (“CA”) , hereby enter into this limited scope retainer agreement whereby you agree to grant CA the exclusive authority to investigate your potential consumer law claim(s), including but not limited to potential violations of the Fair Credit Reporting Act (“FCRA”), Fair Debt Collection Practices Act (“FDCPA”), Equal Credit Opportunity Act (“ECOA”), Electronic Funds Transfer Act “EFTA”), Fair Credit Billing Act (“FCPA”), and/or the Telephone Consumer Protection Act (TCPA”) (collectively referenced as “consumer protection statutes”). 1Please read carefully before signing:

Authorization

You authorize CA to investigate your potential consumer law claim(s) under state and federal consumer protection statutes. You authorize CA to contact third parties on your behalf for the limited purpose of investigating your potential consumer law claims. “Third parties” include but are not limited to consumer reporting agencies, creditors, lenders, debt collectors, rental agencies, employers, courts, and law enforcement agencies.

CA’s Exclusive Investigative Period

CA agrees to investigate your potential consumer law claims in good faith. By signing this agreement, you agree to give CA the exclusive right to investigate your potential consumer law claim(s) for the next 180 days (“Exclusive Investigative Period”). For the duration of the Exclusive Investigative Period, you agree that you will not communicate with any other law firm or legal representative about your potential consumer law claim(s). You agree to forgo any previously scheduled consultation or case review until CA’s Exclusive Investigative Period concludes.

Termination of Exclusive Investigation Period

CA agrees that the Exclusive Investigative Period may not extend beyond 180 days without your prior written consent.

At any time between the date of this agreement and the expiration of CA’s Exclusive Investigative Period, CA may inform you of the outcome of its investigation. If CA’s investigation reveals that you have an actional consumer law claim, CA may ask you to sign a formal retainer agreement. If CA’s investigation does not reveal an actionable consumer law claim, you will receive an e-mail that states CA will not represent you in any further pursuit of your potential claim(s).

The relationship between you and CA automatically terminates at 5pm on the 180th day of the Exclusive Investigative Period or your receipt of CA’s written notice to decline representation, whichever comes sooner. At the conclusion of the Exclusive Investigative Period or upon receipt of CA’s written declination of representation, you are permitted to seek alternative legal counsel without penalty.

Nothing in this agreement should be construed as a promise or guarantee that CA will represent you in a consumer lawsuit at any point in time. CA reserves the right to decline to represent you for any reason permitted by relevant laws and ethical rules.

Your Involvement and Promises to us

You agree to meaningfully participate and cooperate in CA’s investigation of your potential consumer law claim(s). You agree to immediately inform CA if your mailing address, e-mail address, or phone number changes at any point during the Exclusive Investigative Period.
You agree to provide all relevant information, communications, documents, materials, and all other similar instruments to CA and its representatives during the Exclusive Investigative Period. You understand that your failure to provide all relevant information, communications, documents, and materials to CA during the Exclusive Investigative Period may hinder, delay or otherwise frustrate CA’s investigation of your potential consumer law claim(s).

You agree, under penalty of perjury, to provide complete, accurate, and truthful information to CA. All documents and communications, oral or written, past or future, provided to CA during the Exclusive Investigative Period and anytime thereafter are presumed by CA to be true, complete, and accurate.

Fees and Costs Incurred During Exclusive Investigative Period

CA agrees that you will not incur any out-of-pocket fees or costs during CA’s Exclusive Investigative Period. However, if CA agrees to represent you in a consumer lawsuit, CA may recover the fees and costs incurred during the Exclusive Investigative Period from the Defendant pursuant to a future settlement or judgment.

You agree that CA has a right to place a lien on any future monetary recovery obtained by client related to the claims identified during CA’s Exclusive Investigative Period or as a result of CA’s investigative efforts. If you refuse to cooperate with CA in the formal pursuit of the consumer law claim(s) it identifies during or after the Exclusive Investigative Period, you agree that CA has the right to recover the fees and costs it incurred while investigating your potential consumer law claim(s).

Authorization to Use Your Electronic Signature

CA will send you any and all documents that require your signature. You authorize CA to affix your electronic signature to requests, disclosures, or other forms that CA deems reasonably necessary to the investigation of your potential consumer law claim(s) upon receipt of your approval or after the 7th day after the document was sent to you, whichever comes first. Your electronic signature will be used on any and all other subsequent documents that will need signature, affirmation, acknowledgment, or any other forms of authentication in reference to this matter under the above referenced procedure.

1You also agree to give CA the exclusive authority to investigate potential violations of state-specific consumer protection statutes.

All Rights Reserved. Without Prejudice. CONSUMER ATTORNEYS

FORM # INV2024CA119

I have read and agree to the Privacy Policy, Investigative Retainer
Supported file formats:

Attorney Advertising, Prior Results Do Not Guarantee A Similar Outcome. This website is for informational purposes only and does not contain legal advice. Results may vary depending on your particular facts and legal circumstances.

© 2024 Consumer Attorneys PLC. All Rights Reserved.