Overtime and Unpaid Wages
Overtime and unpaid wages claims are rather common in labor and employment scenarios where a company utilizes hourly employees (as opposed to salaried employees). Such claims can be challenging to litigate, however, as there are numerous legal issues — such as whether an employee is exempt from overtime pay — and factual issues that require the litigating attorney to advocate persuasively in their client’s favor.
At Berg Plummer Johnson & Raval, LLP, our Houston-area unpaid wages lawyers represent both employers and employees in overtime and unpaid wages lawsuits. By representing both sides, our attorneys have developed a unique and comprehensive understanding of how to effectively litigate overtime and unpaid wages claims, and how to overcome the litigation strategies employed by opposing counsel.
Overtime and Unpaid Wages Law
The Fair Labor Standards Act (FLSA) establishes various regulations governing both overtime and unpaid wages claims. At Berg Plummer Johnson & Raval, LLP, our attorneys are experienced in litigating employment disputes pursuant to the overtime and unpaid wages regulations outlined by the FLSA.
Pursuant to the FLSA, employers are liable to pay overtime for hours worked in excess of forty hours per week. Overtime does not apply to employees who are deemed “exempt,” however, such as salaried employees. Many employers either mistakenly or intentionally mischaracterize their employees as exempt from overtime pay. Overtime claims require that the claimant introduce evidence of their purported overtime hours worked and of their non-exempt status (i.e., administrative records, pay stubs, employment contract, etc.).
Unpaid wages are governed by both the FLSA and the Texas Payday Law. Though employees are entitled to file their minor wage claims with the Texas Workforce Commission and thereafter go through an administrative process for recovering such wages, with the aid of an experienced unpaid wages attorney, employees may file an action for unpaid wages on the basis of breach of contract and potentially recover additional “liquidated” damages to compensate them for the delayed payment of wages that they were otherwise entitled to.
Here at Berg Plummer Johnson & Raval, LLP, our Houston unpaid wages attorneys have several decades worth of combined labor and employment law experience with a range of employer and employee clients, and in both a counseling capacity on the transactional side and as a litigator handling employment-related disputes (including those related to overtime and unpaid wages under the FLSA). Whether you are an employer being sued under the FLSA for unpaid wages and overtime, or an employee interested in bringing an unpaid wages and overtime action against your employer, the unpaid wages attorneys at Berg Plummer Johnson & Raval, LLP are well-equipped to litigate your wage-related dispute.
We understand that the litigation process can be fraught with a certain level of uncertainty that is uncomfortable for some, and as such, we work with clients to provide unique fee arrangements that accomplish our client’s strategic goals within their budget.