OVERTIME & UNPAID WAGES LAWYER

We represent workers across the country in claims related to unpaid wages and expenses. If you have questions about your legal rights, contact the unpaid wages attorneys at Hodges & Foty, LLP for a free case evaluation

Workers can lose money in the form of hard earned wages when companies fail to comply with the law. If you have questions about the way you are paid, we will provide a free case review to make sure you’re receiving the pay to which you are eligible.

The overtime & unpaid wages attorneys at Hodges & Foty, LLP represent large groups of workers across the country against some of the biggest and richest corporations in the U.S. We take pride in helping workers receive the pay that they are rightfully entitled. We have represented workers in nearly every major industry, including the following:

• Nurses, healthcare workers, and technical workers

• Oil and gas workers, field workers, and field service technicians

• Call center or customer service employees

• Banking employees, including loan and mortgage officers

• Real estate appraisers

• Prison and security guards

• Retail store employees

• Computer and IT employees

• Waiters, waitresses and other tipped employees

• Construction workers

• Accounting personnel

• Secretaries, payroll clerks, and general admin personnel

• Independent contractors

Understanding Misclassification: Are You Incorrectly Categorized as Exempt?

Misclassification occurs when employers label employees as “exempt” from overtime pay, even though their job duties and salary do not meet the legal requirements for exemption under the Fair Labor Standards Act (FLSA) or state laws. This often happens with salaried workers or employees in roles that employers claim involve management or specific skills. Misclassification can deprive workers of substantial earnings they are entitled to for overtime hours, especially in industries where long shifts are the norm.

If you suspect you have been misclassified, it is important to evaluate the nature of your role and compare it to the FLSA’s criteria for exempt versus non-exempt employees. For example, just being paid a salary does not automatically make you exempt. Contacting an experienced attorney can help you determine whether your employer’s classification is correct and, if not, what steps to take to recover any unpaid overtime wages.

Why Documenting Every Hour Counts

Employers may pressure employees to work off the clock by assigning tasks before or after a shift without proper documentation or compensation. These practices are illegal and can result in significant wage theft over time. Workers may hesitate to report these violations for fear of retaliation or job loss, but documenting these hours is critical to protecting your rights and earning fair pay.

Every hour you work should count toward your compensation. Keeping a detailed log of your activities and time spent on the job—even outside your regular shift—can help strengthen your case if unpaid wages are owed. 

Overtime Pay for Tipped Employees: What You Need to Know

Tipped employees face unique challenges when it comes to overtime pay. Federal and state laws require that tipped workers receive at least the minimum wage when tips and base pay are combined. However, calculating overtime pay for tipped employees often leads to confusion or underpayment, as employers sometimes fail to factor in the correct overtime rate, which must include a portion of tips.

If you are a tipped employee who works overtime, it is essential to review your paychecks closely to ensure compliance with labor laws. Mistakes in calculations or outright violations can result in lost wages that you are entitled to recover. Contacting a lawyer can help you understand your rights and address any discrepancies in your overtime compensation.

How Wage Theft Affects Employees in Different Industries

Wage theft and unpaid overtime can occur across all industries, but some sectors are particularly vulnerable. In healthcare, long shifts and complex scheduling often lead to missed overtime payments. Retail and food service workers frequently report off-the-clock work or miscalculated paychecks, while construction employees may experience underreported hours or unlawful pay deductions.

Understanding industry-specific trends can help you identify potential wage violations in your workplace. If you suspect you have been a victim of wage theft, seeking legal assistance can provide the guidance needed to recover the compensation you are owed and hold your employer accountable.

FAQ

What Qualifies as Unpaid Wages?

Unpaid wages include any compensation you earned but were not paid, such as regular hourly wages, overtime pay, holiday pay, bonuses, or commissions. It also includes instances where employers fail to pay the full minimum wage or require employees to work off the clock without compensation. 

How Do I Know If I Qualify for Overtime Pay?

Most employees qualify for overtime pay under the Fair Labor Standards Act (FLSA), which requires time-and-a-half pay for hours worked over 40 in a workweek. However, some workers are classified as “exempt” based on their job duties and salary, making them ineligible.

Can My Employer Retaliate Against Me For Filing a Wage Claim?

It is illegal for employers to retaliate against employees who file wage claims or report labor law violations. Retaliation may include termination, demotion, reduction in hours, or creating a hostile work environment. If you experience retaliation, you may have grounds for an additional legal claim. An experienced lawyer can help protect your rights and ensure your employer is held accountable.

How Long Do I Have to File an Unpaid Wage Claim?

The time limit to file an unpaid wage claim, known as the statute of limitations, varies depending on state laws and the type of claim. In most cases, you have two to three years from the date of the violation to take action. However, delays can complicate your case, so it is best to consult an attorney as soon as possible to ensure you meet all deadlines and protect your rights.