Wage & Hour Disputes

If you’re a non-exempt employee (meaning you’re entitled to overtime under the law), you should be paid time-and-a-half for hours worked over 40 in a workweek under the Fair Labor Standards Act (FLSA). Employers often misclassify workers as “exempt” to avoid paying overtime. If you’re doing routine, non-managerial work, overtime rules may apply to you.

No. Being paid a salary does not automatically make you exempt from overtime. The law looks at your job responsibilities and level of authority. If you don’t meet the legal test for exemption, you may still be entitled to overtime, even if you’re on a salary.

In most cases, you can recover unpaid wages going back two years. If the violation is willful (meaning the employer knew or should have known they were breaking the law), that window can extend to three years. Timing is crucial, so don’t wait to act.

You may be entitled to back pay (unpaid wages), liquidated damages (an additional amount equal to your unpaid wages in certain cases), and sometimes attorneys’ fees and costs. The goal is to put you in the position you should have been in if the law had been followed.

Both matter. Employers are required to keep accurate time and pay records. If they didn’t, that can actually work in your favor. Your own records, including notes, schedules, and messages, can help establish your claim when employer records fall short.

Yes. Many wage-and-hour cases are brought as collective or class actions when multiple employees are affected by the same unlawful pay practices. That can increase efficiency and pressure on the employer to resolve the issue properly.