Wage and Overtime Laws By Job Type
Federal Protects All Workers. Don't Let Someone Take Away Your Rights.
The Fair Labor Standards Act covers the vast majority of workers in the United States. How it applies depends on your pay structure. Hourly, salary, day rate, and contractor status each come with their own overtime rules, their own common violations, and their own paths to recovery.
At Josephson Dunlap, we handle unpaid wage and overtime cases for workers across every industry and pay type. We never represent employers. Select your job type below to see what the law requires and what you may be owed.
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How You Are Paid Affects How the Law Protects You
Most workers in the United States are covered by the FLSA. The law sets rules for minimum wage, overtime pay, and related protections. But the specifics depend on your pay structure. The overtime calculation for a day rate worker is different from an hourly worker. The rights of a salaried employee depend on both how much they earn and what their job actually involves. A worker labeled an independent contractor may actually qualify as an employee under federal law.
Employers take advantage of this complexity. Wage violations are most common in situations where the rules are technical and workers are not sure which ones apply to them. Select your job type below to find out what the law requires in your specific situation.
If you are not sure which category fits, contact us. A case manager can review your pay structure and point you in the right direction at no cost.
Find Your Job Type
Select the category that best describes how you are paid. Each page explains the specific rules that apply to your situation.
Hourly Workers
Hourly workers are entitled to overtime at one and a half times their regular rate for every hour worked past 40 in a workweek. Common violations include off-the-clock work, time shaving, and miscalculation of the regular rate when bonuses or shift differentials are in play.
Learn About Hourly Workers
Salaried Workers
Salary does not mean exempt from overtime. To qualify as exempt, a worker must earn above the applicable threshold and perform specific duties. Both tests must pass. When either one fails, overtime is owed regardless of how the job is titled or described.
Learn About Salaried Workers
Day Rate Workers
Day rate workers are paid a fixed amount per day regardless of hours worked. The FLSA still requires overtime pay for hours past 40 in a week. The overtime calculation for day rate workers is specific and different from hourly workers. Most employers get it wrong.
Learn About Day Rate WorkersWhat Clients Say
Some of our clients from accross the country share their experiences with us.
"Excellent law firm. We had some problems with the courts which was not their fault, but they worked through it and I got paid just like they said. They even let me come pick up my check in person instead of waiting on them to mail it. I would give them 10 stars if I could. I would most definitely recommend this law firm to anyone!! A+++++++"
"The entire staff has been great handling the case from start to finish. They have kept me notified of changes and announcements along the way. Would recommend using them if you find yourself needing legal guidance"
"I emailed in with a question and received an immediate response from a supervisor.... On a Saturday! Yvonne was so courteous and helpful and followed up on my issue after the weekend. I truly appreciated the customer service that was provided!"
Not Sure Which Category Fits? We Can Help.
If you are unsure how to classify your pay structure, or if your situation spans more than one category, contact us for a free review. A case manager will go through your job details, explain which rules apply, and tell you whether you may have a claim.
We handle cases on a contingency fee basis. You pay no attorney fees unless we win a recovery for you.
Call (888) 992-2990 | Hablamos Español.
How Our Wage Recovery Process Works
Start your free, no-risk case review in about 10 minutes.
Submit Your Secure Form
Tell us about your missing pay through our confidential online form. We will review your details and follow up within 24 hours. Need answers right away? Call (888) 992-2990.
Get Your Free Consultation
A case manager will spend about 10 minutes reviewing your situation, looking for qualifying violations like unpaid overtime, off-the-clock work, or regular rate errors. Clear advice, no obligation.
We Build Your Case
If you have a valid claim, we get to work right away. Our team handles the paperwork, gathers the evidence, and builds a legal strategy suited to your situation.
We Recover Your Wages
Once we have the facts, our legal team pursues the full amount you are owed. You receive updates throughout the process and pay nothing out of pocket. Attorney fees are collected only if we win.
Find Out If You Could Be Owed Back Wages
Fill out the form below to start your free case review. A member of our team will follow up within 24 hours.
Call (888) 992-2990 | Hablamos Español.