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Winning an FLSA (Fair Labor Standards Act) lawsuit can lead to several financial benefits for employees. Successful claimants are typically entitled to back pay for all unpaid overtime or wages, usually going back three years from the date the complaint was filed. In addition to recovering their unpaid earnings, they are generally entitled to receive double the amount of their back pay as liquidated damages. The FLSA also mandates that the employer reimburse reasonable court costs and attorney fees incurred by the employee. Furthermore, in cases where widespread wage and hour violations are uncovered, the individuals who first come forward with the allegations may be eligible for an incentive award or service payment in addition to their unpaid wages.

Retaliation against employees who assert their rights under the FLSA is strictly prohibited. Employers cannot legally terminate, demote, or otherwise discriminate against workers for filing a complaint, participating in an investigation, or testifying in any proceeding related to the FLSA. Such actions are considered unlawful retaliation and can result in severe penalties for the employer, including fines and potential prosecution. In some cases, employees who have faced retaliation have been awarded punitive damages against their employers. Furthermore, courts have recognized various forms of retaliation, such as blacklisting, refusing to hire individuals who have previously made FLSA claims, reducing job responsibilities, assigning undesirable shifts or tasks, giving negative performance reviews, and denying standard raises.

At Josephson Dunlap LLP, our Houston employment attorneys operate on a contingency fee basis. This ensures you have no upfront financial burden when pursuing your case. This also means you won't incur any out-of-pocket expenses for attorney fees or legal costs. We only recover these fees if we successfully win your case, and even then, they are deducted from the settlement or judgment you receive. These fees are not paid directly by you.

Employers cannot ask employees to sign away their rights to minimum wages and overtime pay, even if they signed a waiver saying otherwise. Only waivers supervised by the Department of Labor or obtained in a private lawsuit can eliminate your rights.

Misclassifying employees is a common tactic used by some employers to avoid paying overtime. They may label workers as managers, contractors, salaried employees, or day rate employees, even when their duties and responsibilities align with those of hourly workers entitled to overtime pay. However, wage and hour laws safeguard workers from such misclassification. Unless you fall under specific, limited exceptions to overtime regulations, it's highly probable that you are owed overtime compensation if you've been misclassified.

The responsibility of maintaining accurate records primarily falls on the employer, not the employee. While having documentation to support your claim is beneficial, it's not a legal requirement. Even without concrete proof, employees are allowed to provide a reasonable estimate of their worked hours, job duties, and unpaid wages.

In most situations, offering "comp time" or compensatory time off instead of paying actual wages for overtime hours is illegal. While government and public sector employers have some flexibility to provide comp time in certain circumstances, private employers are generally prohibited from doing so. If your private employer has been granting you comp time rather than paying you for overtime worked, you might have a valid claim under the Fair Labor Standards Act (FLSA). It's strongly recommended that you reach out to the seasoned employment attorneys at Josephson Dunlap LLP to discuss your specific situation and explore your legal options for recovering your rightfully earned overtime wages.

If you suspect you've been denied your rightful wages, reach out to our team of employment attorneys at Josephson Dunlap for a complimentary consultation. Not all lawyers specialize in employment and wage/hour law, but our firm boasts over a decade of experience in this field, assisting countless workers in recovering their hard-earned back pay. If you currently have an attorney who lacks expertise in this area of law, they might choose to "affiliate" with a lawyer well-versed in the FLSA to ensure you receive the best possible representation. If you'd like us to assess your potential claim, please fill out the form on the right.

Typically, employees have a legal window of three years to pursue unpaid wages and penalties from both their current and former employers. However, certain states like California (4 years) and New York (6 years) extend this timeframe, allowing employees to claim back wages for a longer period. If you suspect you're owed unpaid wages, it's crucial to act promptly and contact the Houston employment attorneys at Josephson Dunlap LLP without delay. The more time that passes, the greater the risk of losing out on a portion of your rightful compensation.

Overtime pay is mandated for any hours worked beyond 40 in a single workweek, defined as a seven-day period. This applies regardless of your classification as salaried, hourly, or even an independent contractor. The overtime rate must be at least one and a half times your regular hourly rate. For instance, if your hourly wage is $15.00, your overtime rate should be $22.50 for each hour exceeding 40 in a workweek. Only a small group of high-level employees are exempt from overtime regulations, and most workers don't meet these criteria.

Moreover, employers must accurately calculate your overtime pay, factoring in all forms of non-discretionary compensation you receive. This includes bonuses, premium pay, and other additional remuneration. If you suspect your employer has miscalculated your overtime rate, don't hesitate to contact us for a free evaluation today.

The Fair Labor Standards Act (FLSA), a federal law, sets essential standards for both full-time and part-time workers, including minimum wage, overtime pay, recordkeeping, and child labor regulations. It mandates that most employees receive overtime pay at a rate of one and a half times their regular hourly rate for any hours worked beyond 40 in a workweek, defined as a seven-day period.