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Hodges & Foty, LLP > Overtime & Unpaid Wages  > Are You Owed Overtime? Understanding Your Rights Under Federal Law

Are You Owed Overtime? Understanding Your Rights Under Federal Law

Legally reviewed by David W.Hodges and Don J. Foty

Unfortunately, some employers are selfish and interested in holding onto as much money as possible. This sometimes means they break the law by refusing to give employees their deserved overtime pay. At Hodges & Foty, LLP, we proudly represent individuals in employment-related disputes, emphasizing the importance of understanding your rights under federal law, especially regarding overtime pay. 

If you suspect you have been unfairly denied overtime pay or need guidance on employment law, our insights can provide a solid foundation for determining your next steps under federal law. If you are owed overtime pay and want to hold your employer accountable, you can contact us by calling (713) 523-0001 or completing our contact form, whichever works best for you.

What Constitutes Overtime in Texas?

In Texas, overtime is any work an employee has completed over 40 hours in a week, and overtime pay is generally 1.5x the employee’s regular pay rate. This means that if you have worked more than 40 hours in a week, you then work hourly for any time after this. If your employer has not paid you accordingly, you are entitled to additional pay.

There are also some cases where salaried, independent contracted, and reclassified employees are entitled to overtime pay. In particular, if you work more than 40 hours per week and your salary is less than $455 per work week, or if you perform specific work that qualifies for overtime pay, your employer also owes you additional pay.

What Are Common Overtime Violations?

There are several violations your employer may commit, though they may be challenging to identify if you are not familiar with employment law.

For example, if you have recently been reclassified but nothing about your job has changed, your employer has likely violated certain laws. A reclassification generally indicates that your employer has violated the law and admitted to the mistake. Even if you are correctly classified now, your employer may owe you back pay for your overtime work.

Your employer may also be violating the law if they have labeled you as an “independent contractor” or a similar title. By doing this, your employer may be trying to evade the law regarding how much to pay you. However, you are likely a regular employee if your employer controls when, where, and how you perform your work. In this case you may have been unlawfully labeled a temporary employee and may be owed additional pay.

How Can a Lawyer Help With My Overtime Claim?

If you believe you are owed overtime pay, we encourage you to take legal action and hold your employer accountable. A lawyer from Hodges & Foty, LLP can support you in many ways, including the following:

  • Conducting an independent investigation
  • Preparing your case for court
  • Assuring that all documents are filed correctly and promptly
  • Communicating with the other parties on your behalf
  • Organizing and presenting the evidence to prove liability
  • Accessing research methods and tools only available to legal professionals
  • Providing an understanding of the legal system and how to make it work for you

When you work with a lawyer from Hodges & Foty, LLP, we can help you receive complete compensation, reduce litigation time, and lower stress related to your claim. Please contact us for more information and to retain our support.

Obtain Outstanding Representation From Our Hodges & Foty, LLP Employment Lawyers

If you suspect you are not receiving the overtime pay you are entitled to under federal law, do not wait to seek the guidance you need. At Hodges & Foty, LLP, we are committed to helping employees in Texas understand their rights and fight for the compensation they deserve. Our team focuses on wage and hour disputes and is well-versed in the nuances of the Fair Labor Standards Act (FLSA) and Texas labor laws. 

We understand how crucial it is for you to receive every dollar you have earned, and we are here to help ensure that your rights are fully protected. Take the first step towards securing your rightfully owed overtime pay by contacting us. Contact us today at (713) 523-0001 or complete our contact form to learn how we can assist you. Do not let your hard work go uncompensated; let us help you fight for what you are owed.

Hodges & Foty, LLP

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