don't let your boss keep it.
An employer may lead a wage-earning employee to believe that he can consent to working unpaid overtime, and that this consent waives the employee's right to overtime. Under the Fair Labor Standards Act (FLSA), neither employers nor employees can waive the right to overtime compensation.
At Briggle & Polan, PLLC, we fight for compensation and dignity for employees in the Texas and throughout the United States who has been denied overtime pay for work they performed. With offices in Austin, we have experienced attorneys who have deep knowledge of the FLSA, and experience in litigating overtime pay disputes in federal courts nationwide.
The FLSA is a powerful federal law that sets requirements for overtime, minimum wage and other earned compensation. It specifies that all nonexempt (wage-earning) employees must receive at least $7.25 per hour for their labors, as well as additional overtime compensation for work beyond 40 hours in a given workweek.
If you are a nonexempt wage earner and your employer requires you to work more than 40 hours in a week, the employer is obligated to pay you overtime wages. Further, your employer cannot lawfully fire you or otherwise retaliate against you for your refusal to work unpaid overtime or for reporting overtime abuses.
If this happens, you have the right to file a federal employment lawsuit against your employer. If many workers are in your same position, you may file jointly, as part of a class action lawsuit that may have a greater chance of success.
The following are a few telltale signs that your employer is violating federal overtime laws:
Not all jobs neatly fit into the description of the 8-hour per day, 40-hour per week wage-earner, and federal law allows some exceptions to this basic overtime requirement. However, the FLSA is intended to prevent gross abuses of workers, whether they work in stores or restaurants, or as laborers or professionals.
If you are a regular wage-earner, or fit into one of the many other jobs for which the FLSA's overtime provisions applies, you can fight back against an abusive employer. If you performed work for an employer, it must be compensated according to the law.
To discuss your situation, and to learn your legal options, from an experienced unpaid overtime lawyer, contact the firm online or call 512-472-1926 or toll free 866-247-HELP for a FREE consultation.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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