Overtime Pay

Have you worked weeks in excess of 40 hours, yet have not had your overtime rates paid for hours over 40? Has your employer at one point forced you to sign an agreement agreeing to be an “independent contractor?” If so, you might have been the victim of wage theft by your employers failure to pay you overtime. As such, you need attorneys with the passion and expertise to represent you in righting this wrong.

Houston employment lawyers Kalandra Wheeler and Robert J. Wiley represent Houston workers who have not had their overtime paid. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, when you have had your overtime not calculated properly you need an attorney that understands your situation and that will fight for you.

Under both the Fair Labor Standards Act (“FLSA”) and the Texas state law an employer is obligated to pay its employees time and a half for every hour over 40 hours worked in any given work week. Being paid your regular pay rate for these hour is not enough.

Many times employers will attempt to convince their employees that they are not eligible for overtime, but these exceptions are few and narrowly construed. Examples of positions that are not eligible for overtime are:

• Executives who manage employees;
• Administrators who manage company operations;
  
• Professionals that may be paid in a salary under the law; and
• Independent contractors

Furthermore, an employee merely labeling an employee one of these categories is not sufficient to circumvent the law. This is called “misclassification” of employees. An employer cannot just deem you to be an independent contractor. There are a variety of factors that must be weighed in order to make an accurate determination. Strong indications that you are an employee, as opposed to an independent contractor include:

• Being subject to a non-compete agreement;
• Having to adhere to a strict work schedule;
• Having the tools of the trade provided to you by your employer;
• Wearing a company uniform; and
• Receiving employee type benefits such as pension plan, vacation hours, sick time.

None of these factors by themselves conclusively establish that an worker is an employee. The law instructs us to look at the situation as a whole. But if one or more of these factors apply to your current situation you may have been misclassified as a worker that is not eligible for overtime compensation.

Additionally, just because an employer states that you are paid on a salary basis does not automatically relief them of their duty to you for overtime compensation. There are also several factors that must be taken into account before making such a determination. Allowing an employer to label employees as exempt with impunity would basically reduce our rights to nothing.

If you are not properly being paid your overtime you may be owed hundreds if not thousands of dollars. Under the FLSA, an employee is allowed to look back two years with the possibility of three years depending on the circumstances when determining how much overtime they are owed.

The only way to defend not only your rights as a hard working employee but those of others is to step forward. A hard days pay for a hard days work. Do not let your employer take money that is rightfully yours. We can only do our job if workers step forward and fight unfair employment practices. It can be difficult to step forward and take a stand and that is why you need a team of professionals that will be with you every step of the way.

Take Action

If you feel you have been misclassified as an employee that should not receive overtime, do not hesitate to contact our law firm. If you choose to contact us, you will generally meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.

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