As lawyers for the workers, we fight for employees across the country who've been denied the overtime pay they earned.
Unpaid Overtime Attorney for Hourly Workers
If you are an hourly worker and your employer has failed to pay you correctly, you may be owed more than you realize. From unpaid overtime to shorted wages, wage theft affects millions of workers across the country every year, and it is illegal.
Call (888) 992-2990 or schedule a free consultation today by submitting an online contact form.
At Josephson Dunlap, our unpaid overtime attorneys represent hourly workers nationwide. Whether your employer failed to pay overtime, misclassified you to avoid paying you fairly, or simply shorted your hours, we are here to help you recover every dollar you are owed. With more than two decades of legal experience and hundreds of millions of dollars recovered in unpaid wages, our firm has the resources and the track record to fight for you.
Know Your Rights As An Hourly Worker
Hourly workers are protected by federal and state law. Understanding these protections is the first step toward recovering the unpaid wages you are owed.
The Right to Be Paid for All Hours Worked
Your employer must pay you for every minute you are on the clock. This includes time spent setting up before a shift, cleaning up after a shift, attending required meetings, and completing any other task your employer requires. If your employer asks you to work off the clock, even occasionally, that is a wage violation.
The Right to Minimum Wage
No employer can pay you below the minimum wage set by federal, state, or local law. The federal minimum wage is $7.25 per hour, however, many states and cities have set higher rates. If you are a tipped worker, your employer must make up the difference if your tips do not bring your total hourly pay up to the minimum wage.
The Right to Overtime Pay
Most hourly workers are entitled to overtime pay when they work more than 40 hours in a workweek. Under the Fair Labor Standards Act (FLSA), overtime must be paid at 1.5 times your regular rate of pay. Some states, such as California, require overtime for any hours worked beyond 8 in a single day. If your employer has not been paying you the correct overtime rate, you may have a claim for unpaid overtime wages going back two to three years.
Common Ways Employers Steal Overtime From Hourly Workers
Wage theft does not always look obvious. Employers use a variety of tactics, whether intentional or not, to avoid paying hourly workers what they are owed. Here are the most common violations our unpaid overtime lawyers handle:
Unpaid Overtime
This is the most common wage violation we see. Employers may miscalculate your overtime rate, exclude certain hours from your total, or simply refuse to pay the overtime rate at all. If you regularly work more than 40 hours per week and are not receiving time-and-a-half, you are likely owed unpaid overtime.
Off-the-Clock Work
Any time your employer requires or allows you to work without pay, that is an off-the-clock violation. This includes pre-shift preparation, post-shift cleanup, required trainings, and answering work messages outside of scheduled hours.
Employee Misclassification
Some employers deliberately misclassify hourly workers as independent contractors or as salaried "exempt" employees to avoid paying overtime. If you were told you are an independent contractor but your employer controls your schedule, your tools, and your work, you may actually be an employee and entitled to back wages. An employee misclassification attorney at our firm can evaluate your situation at no cost.
Bonuses and Additional Pay
When you receive a non-discretionary bonus or a bonus that is promised to you in advance for meeting a specific goal, that bonus must be included in your overtime. For all workers, your true regular rate must also factor in any additional pay you receive during any week you worked overtime. If they only use your base rate, your employer can pay you less, effectively stealing a portion of your pay.
MICHAEL JOSEPHSON
ANDREW DUNLAP
RICHARD SCHREIBER
DAVID MATHEWS
OLIVIA BEALE
ALYSSA WHITE
WILL HOGG
JULIA CLINE
SCOTT STOTTLEMYRE
Why Hourly Workers Choose Us
We don’t back down from corporate bullies. We focus 100% of our firm's resources on one mission: recovering stolen wages for hourly workers.
Unpaid Wages
Nationwide
All 50 States
These big companies have teams of lawyers trying to find loopholes to avoid paying you after you call them out on it. You need a powerhouse legal team to fight back. We cost you nothing upfront, and you pay no fees unless we win your case.
A federal law called the FLSA protects your paycheck. It requires employers to pay you 1.5 times your regular rate for any hours worked past 40 in a single week. Unpaid overtime happens when companies break this rule in a few common ways. First, an employer might give you the wrong job title so they can skip paying you overtime. Second, they might delete hours off your paystubs. Finally, they might use bad math. Many companies leave bonuses or commissions out of your regular pay calculation. However, the law states your regular rate must include most types of extra pay, not just your base wage.
You could be owed much more than just your missing pay. The law often allows workers to claim double their unpaid wages. Your employer might also have to pay your legal fees and court costs. We can evaluate your claim and explain what it could be worth. Reach out to our lawyers today for a free review.
An unpaid overtime lawyer focuses mostly on wage and hour laws. This covers federal and state pay rules. An employment lawyer handles many other issues, like unfair treatment at work or getting fired. Cases about unpaid wages are highly complex. They involve tricky math and large group lawsuits. That is why it is best to hire a lawyer who specializes in this exact field.
The law strictly protects your job when you file a wage claim. It is illegal for an employer to treat you poorly for speaking up about your pay. If you face any unfair pushback after raising a concern, you can file a new claim to protect your rights.
Employee misclassification is a common way employers avoid paying overtime. Did your job tell you that you were an independent contractor? If you worked the hours they gave you, used company equipment, and followed their rules, you might legally be an employee. This means you could be owed unpaid overtime wages. Contact a lawyer at Josephson Dunlap to review your case for free.
According to federal laws, you usually have 2 years to file a unpaid overtime case. Although, some states have different rules when it comes to how long your case is valid. This is why it is important to talk to a lawyer quickly; they can tell you how long you really have!
Submit your case in as little as 10 minutes.
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Free Consultation
A personal case manager will quickly identify if you have a case. A quick 10-minute phone call is all it takes.
We Build Your Case
Your personal case manager will work with you to make sure you have everything you need for a strong case.
Get Your Wages Back
Once your case manager has everything, you just wait while we fight for your wages. We'll keep you updated on your case results and when you can expect your money.
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