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.
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.
Call us at (888) 992-2990 or submit a free consultation form today to find out if you have a case. There is no cost to get started.
100M+
Recovered for workers
300K+
Workers helped nationwide
1,800+
Cases filed across 50 states
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 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 Wages 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.
Time Shaving and Falsified Timesheets
Some employers alter timesheets or round down hours to save on payroll. Even small reductions, even a few minutes a day over a long period of time can add up to significant unpaid wages.
Meal and Rest Break Violations
In many states, employers are required to provide paid rest breaks and unpaid meal breaks. If you are regularly required to work through breaks without compensation, you may be owed additional pay.
Minimum Wage Violations
No matter how you are paid, your total compensation divided by hours worked cannot fall below the applicable minimum wage. This applies even if you are paid by piece rate, commission, or another non-hourly method.
Tip Theft
If you are a tipped worker, your employer cannot take a portion of your tips, force you into an unfair tip pool, or withhold tips owed to you. Tip theft is a serious wage violation under both federal and state law.
Unpaid Travel Time
If your job requires you to travel between job sites, attend off-site trainings, or run work-related errands, that travel time is generally compensable. If your employer is not paying you for it, you may be owed back wages.
How to File an Unpaid Wage Claim as an Hourly Worker
If you believe your employer has violated your wage rights, here is what you should do:
Frequently Asked Questions About Unpaid Overtime and Wage Claims
What qualifies as unpaid overtime for hourly workers?
Unpaid overtime occurs when an employer fails to pay an hourly employee 1.5 times their regular rate for hours worked beyond 40 in a workweek, as required by the FLSA. This includes situations where your employer misclassifies your hours, excludes certain time from your total hours worked, or fails to include bonuses or other compensation in your regular rate calculation.
How much can I recover in an unpaid wages claim?
In addition to the back wages you are owed, you may also be entitled to an equal amount in liquidated damages, plus attorney's fees and court costs. In many cases, workers recover double what they were initially shorted. Our attorneys can give you a realistic estimate during your free consultation.
What is the difference between an unpaid overtime attorney and an employment lawyer?
An unpaid overtime attorney specifically focuses on wage and hour law, which means violations of the FLSA and state wage laws. A general employment lawyer handles a much wider range of issues, such as discrimination and wrongful termination. Because wage theft cases require specialized knowledge of overtime calculations, class actions, and FLSA litigation, it is important to work with attorneys who focus on this area.
Can I be fired for filing an unpaid wage claim?
It is illegal for your employer to retaliate against you for filing a wage claim or participating in a wage investigation. If your employer demotes, terminates, or threatens you after you raise a wage issue, you may have an additional legal claim for retaliation.
How long do I have to file an unpaid overtime claim?
Under federal law, you generally have two years from the date of the violation to file and three years if the violation was intentional. Some states have longer deadlines. Because time limits can significantly affect how much you can recover, it is important to act as soon as possible.
What qualifies as unpaid overtime for hourly workers?
Unpaid overtime occurs when an employer fails to pay an hourly employee 1.5 times their regular rate for hours worked beyond 40 in a workweek, as required by the FLSA. This includes situations where your employer misclassifies your hours, excludes certain time from your total hours worked, or fails to include bonuses or other compensation in your regular rate calculation.
How We Get You Your Money Back
Our process is simple, straightforward, and designed for your peace of mind.
1
Consultation
Fill out our form or call us. We review your case for free.
2
Assessment
We determine if you have a valid unpaid overtime claim and how much money you may be owed.
3
Building Your Case
Our expert attorneys will handle the heavy legal lifting. You work with us to make sure we have all the facts.
4
Recover Your Wages
We fight for your wages and you pay nothing unless we win your case.
Submit your case in as little as 10 minutes.
Form Submission
Complete the form, and we'll connect with you within one business day. For a faster response, call us at (888) 992-2990 or click our chat bubble.
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.
"*" indicates required fields