As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.
UNPAID OVERTIME LAWYERS
Filing an Unpaid Overtime Claim
Non-exempt employees are entitled to overtime pay when they work a certain number of hours a day or a week. Depending on where you live and the state in which you work, you could be eligible for overtime at a rate of one-and-a-half times your regular rate of pay when you work more than 40 hours in a single workweek or more than 8 hours in a single workday.
However, many employers fail to properly compensate employees for overtime.
If your employer did not pay you for overtime hours earned, or if you have been misclassified as an exempt employee, we can help.
At Josephson Dunlap, we have one goal: to assist workers in seeking the fair wages they are owed. Our unpaid overtime lawyers dedicate their practice to representing the rights of workers nationwide, helping them take aggressive legal action against employers that seek to avoid paying fair wages. We are ready to fight for you.
Call (888) 992-2990 or contact us online to request a free initial consultation with a member of our legal team. Hablamos español.
In addition to protecting workers’ rights to minimum wage, the Fair Labor Standards Act (FLSA), a federal statute, protects non-exempt employees’ rights to overtime pay. Under the FLSA, non-exempt employees are entitled to “time and a half,” or one-and-a-half times their normal rate of pay for every hour worked beyond 40 in a single workweek.
This means that most employers (with some exceptions) in the United States must pay their non-exempt employees overtime when those employees work more than 40 hours in a week.
In some states, like California, additional laws protect employees’ rights to overtime when they work more than eight hours in a single workday. Additionally, non-exempt employees in California are entitled to twice their regular rate per hour worked beyond 12 in a single workday, as well as for all hours worked beyond eight hours on the seventh consecutive day of work in a single workweek.
It is important that you know your rights based on the state in which you live and work. If you are unsure whether your employer violated your right to overtime, contact our team at Josephson Dunlap. We can discuss your situation during a free, no-obligation consultation.
What Is an “Exempt” Employee?
An “exempt” employee is someone who is not entitled to overtime pay under state and federal law. The rules for who qualifies as exempt can vary by state, but in general, an employee may be considered exempt if:
If you’ve been told you’re an exempt employee but you don’t believe you meet all these requirements, it’s important to have your classification reviewed. Employers sometimes misclassify employees—intentionally or not—to avoid paying overtime. This can be illegal, and you may be entitled to compensation.
At Josephson Dunlap, we help employees who have been misclassified and denied overtime pay.
Can You Sue Your Employer For Unpaid Overtime?
Yes. If your employer fails to pay you overtime that you are legally owed, you have the right to file a lawsuit to recover your unpaid wages. The specific compensation you may be entitled to depends on your case and the laws in your state.
Typically, employees can recover:
Some states also impose additional penalties on employers who fail to pay overtime.
At Josephson Dunlap, we fight to recover the full amount our clients are owed—including wages, penalties, and damages. We’ll walk you through the legal process and advocate for your rights every step of the way.
It’s important to act quickly. Under the federal Fair Labor Standards Act (FLSA), employees generally have:
State laws have their own deadlines, which may vary.
Even though you may have time, waiting to file your claim can hurt your case. The sooner you act, the better your chances of preserving key records and securing full compensation.
If you think you’ve been denied overtime pay, contact Josephson Dunlap today for a free consultation.
MICHAEL JOSEPHSON
ANDREW DUNLAP
RICHARD SCHREIBER
DAVID MATHEWS
OLIVIA BEALE
ALYSSA WHITE
WILL HOGG
JULIA CLINE
SCOTT STOTTLEMYRE
As a large, well-established firm with a nationwide presence, Josephson Dunlap is known as an authority in wage and hour claims, employment law, and related matters.
Our legal team brings more than two decades of experience to its practice of law, and we have secured hundreds of millions of dollars in unpaid wages and overtime for our clients.
We have represented over 100,000 clients and have filed more than 1,800 cases throughout the United States; if you are struggling because your employer failed to pay you the overtime you earned, reach out to our team right away to learn how we can help.
In most states, there is a limited amount of time to file your lawsuit. Don’t wait until it’s too late! Contact Josephson Dunlap today for a free consultation.
You can reach us online or by phone at (888) 992-2990.
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