Class Actions

Unpaid Overtime Lawyer

Certain employees are entitled to overtime pay when they work more than 40 hours in a workweek. Those who do not receive the pay they are owed for the hours they work may have legal options.

The experienced unpaid overtime lawyers at The Law Offices of Peter T. Nicholl are well-versed on federal overtime rules and the process for obtaining unpaid overtime. Schedule a free legal consultation today so we can determine if you have a viable case. If you do, and you choose to move forward, we can manage every aspect of the case, pursuing your unpaid wages and other forms of compensation you may be entitled. Our unpaid overtime attorneys understand how hard you work and are committed to holding employers accountable for violating your rights under wage and hour laws.    

Complete a Free Case Evaluation form right now to find out if we can help.

Laws Regulating Overtime Pay

The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees overtime pay for all hours worked over 40 in a given work week. Overtime pay is one and a half times an employee's regular rate of pay. This means that an employee who earns $12 per hour must be paid $18 per hour for every hour worked over 40.

The FLSA also states that an employee's work week can start at any hour or day, as long as there is a fixed schedule of seven consecutive 24-hour periods. This means employers cannot average the number of hours you worked over two or more work weeks.

For example, if you are paid every two weeks and you work more than 40 hours one week and less than 40 hours the next week, your employer is not allowed to pay you for the average number of hours you worked each week. The average number of hours would be less than 40 and you would be denied overtime compensation even though you worked more than 40 hours for one of the weeks in the pay period.  

The wage and hour lawyers at our firm have a detailed understanding of all aspects of overtime laws, from the basics to specifics about exempt employees and record-keeping requirements. This allows us to determine if you were unlawfully denied overtime compensation.

Call our firm today at 410-244-7005.

How to File an Unpaid Wages Claim

If you have been denied the overtime pay you are owed, you have the right to file an unpaid wages claim to obtain the wages you were wrongfully denied by your employer. Our lawyers can help you file a complaint with the U.S. Department of Labor for violations of the FLSA. There are other cases where we need to file lawsuit to pursue the compensation you deserve.

Our unpaid overtime attorneys will carefully review your situation to determine the option that is in your best interest. We have in-depth knowledge of overtime laws and how to apply them to build a strong case for why you are entitled to compensation.

Compensation from an Unpaid Wages Claim

In addition to payment for the overtime wages you were not paid, our unpaid overtime lawyers may also be able to help you obtain other types of compensation, such as:

  • Liquidated damages – This type of compensation is valued differently depending on the type of claim you file. In an FLSA lawsuit, liquidated damages are equal to the amount of unpaid wages. 
  • Attorneys’ fees and court costs – If we prove you are entitled to overtime and you were denied overtime pay, we may be able to obtain compensation to cover our costs for investigating and filing your claim. This also covers the court's costs.

When our unpaid overtime attorneys in investigate your case, we will gather the evidence we need to determine precisely how much compensation you are owed. We want you to have all of the compensation you deserve for the work you have put in and the effect your unpaid wages have had on your finances.

Fill out a Free Case Evaluation form today.

How Much Time Do I Have to File a Claim?

If your employer has failed to pay you overtime, you should contact an attorney right away to determine your legal options. There is a limited amount of time to file a claim because of deadlines in the FLSA.

The FLSA states that you have two years from the date of the wage violation to file a claim. If your employer willfully denied you overtime, you have three years from the date of the violation to file a claim.

If you do not file a claim within the applicable period of time, you lose the right to do so. You could lose your ability to ever obtain compensation for the overtime pay you were denied.

It may seem like two or three years is plenty of time, but the legal process can be time-consuming. It takes a while for our unpaid overtime attorneys to investigate your situation and build a case for why you are entitled to overtime pay.

We always recommend that employees contact us as soon as possible after they think they have denied overtime compensation. This not only gives us more time to ensure your claim is filed before the deadline, but it could also mean you obtain unpaid overtime sooner than you would if you waited.

Contact one of our attorneys today by calling 410-244-7005.

Who is Exempt from Overtime?

It is important to note, however, that some employees are exempt from overtime laws and are not entitled to overtime compensation when they work more than 40 hours in a work week.

One of the first things your unpaid overtime attorney will do in your free legal consultation is determine if you should be entitled to overtime pay. This usually means we need to determine if your job fits one of the overtime exemptions. We have many years of experience interpreting these exemptions to determine if an employee has a viable unpaid overtime claim.

The following types of employees are generally exempt from overtime requirements:

Executive Employees

An executive employee is one who meets all of the following criteria:

  • He or she is compensated on a salary basis and paid no less than $455 per week.
  • His or her primary duty is managing the enterprise or a customarily recognized department or subdivision.
  • The employee must regularly direct the work of two or more full-time employees or the equivalent.
  • This person must have the authority to hire and fire employees or his or her suggestions or recommendations about the hiring, firing, advancement, promotion or change in status of other employees must be given particular weight.

Administrative Employees

The criteria for an administrative employee exemption requires that:

  • He or she must be compensated on a salary or fee basis at a rate no less than $455 per week.
  • His or her primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer.
  • His or her primary duties give him or her the ability to exercise discretion and independent judgment in matters of significance.

Professional Employees

The criteria for these professional employees include:

  • The employee must receive compensation on a salary or fee basis that is no less than $455 per week.
  • His or her primary duty must be performing work that requires advanced knowledge, which is work that is predominantly intellectual in character, including work requiring the consistent exercise of discretion and judgment.
  • He or she has advanced knowledge in a field of science or learning.
  • His or her advanced knowledge must be customarily acquired through prolonged specialized instruction.

Creative Professionals

These employees must work in a recognized field of artistic or creative endeavor, earn no less than $455 per week and must have the primary duty of performance of work that requires:

  • Invention
  • Imagination
  • Originality
  • Talent

Computer Employees

These employees must receive weekly compensation of at least $455 or $27.63 per hour and be employed as a computer systems analyst, computer programmer, software engineer or a job that requires similar skills in the computer field performing certain duties:

  • Applying systems analysis techniques, including consulting users to determine hardware or software functional specifications
  • Designing, developing, documenting, analyzing, creating, testing or modifying computer systems or programs based on user or system design specifications
  • Designing, documenting, testing, creating or modifying computer programs related to machine operating systems

Highly Compensated Employees

These include employees who perform office or non-manual work and are paid at least $100,000 or more.

Contact an unpaid overtime lawyer today.

Specific Types of Exempt Employees

Federal law identifies more specific types of employees who are exempt from overtime rules. This includes:

  • Outside sales employees
  • Teachers in elementary and secondary schools
  • Employees who work in seasonal amusement establishments
  • Employees who work in recreational establishments
  • Casual babysitters
  • Employees who deliver newspapers
  • Employees engaged in fishing operations
  • Seamen who are employed on foreign vessels
  • Switchboard operators of small telephone companies
  • Employees at certain small newspapers
  • Farm workers on small farms
  • Those employed to provide fellowship and protection to seniors or individuals with injuries or disabilities
  • Some employees of retail and service establishments who are paid on commission
  • Farmworkers
  • Individuals who work at motion picture theaters
  • Announcers, news editors and chief engineers of some non-metropolitan broadcasting stations
  • Domestic service employees employed by an individual, family or household that is receiving services and who reside in the private home where services are provided
  • Taxi drivers
  • Police officers, fire fighters, paramedics and first responders who perform certain duties
  • Railroad employees
  • Air carrier employees
  • Employees who sell cars, trucks, trailers, farm implements, boats and aircraft
  • Seamen on American vessels
  • Local delivery employees paid on approved trip rate plans

You might read one of these exemptions and think that it applies to your job. You may have even been told by your employer that you are exempt. However, these laws can be very confusing and difficult to correctly interpret unless you have done so before.

This is why you should contact an unpaid overtime lawyer if you have worked more than 40 hours in a week and have any doubts about whether or not you are exempt from overtime rules.

It costs nothing to discuss your claim in a free legal consultation with our skilled attorneys. The consultation also comes with no obligation to pursue a case. Even if you do decide to move forward, you will not owe legal fees unless we obtain unpaid wages and other forms of compensation you are entitled.

Complete a Free Case Evaluation form today.

What if my Employer Misclassified me as Exempt?

One of the main ways employers get away with not paying overtime to non-exempt employees is by misclassifying them as exempt. In many cases, the employer tells the employee that he or she is salaried and this automatically makes him or her exempt. However, this is incorrect because the factor that determines whether you are exempt is the nature of your work.

For example, you are not exempt from overtime payment if you receive direct instructions on how to complete your work instead of using your own discretion. Employers may also say that you are exempt because you have the title of manager. However, if you do not have any input on the performance of others, you are not exempt from overtime requirements.

Misclassification of workers as exempt from overtime is a widespread problem across many different industries. You should not automatically take your employer's word about your exempt status. In some cases, employers are simply confused about overtime rules and in others they just want to avoid paying you the compensation you deserve.

If you have reason to believe you are owed overtime, contact our unpaid overtime attorneys right away, even if you are unsure about all of the overtime you are owed. The law requires your employer to keep accurate records of the amount of overtime compensation you should be paid.

If your employer has failed to keep accurate records, the law allows you to recover compensation based on reasonable estimates of the overtime hours you worked.  

Contact an unpaid overtime attorney today for a free consultation to determine if you may be owed overtime wages.

Contact an Unpaid Overtime Lawyer

One of the key parts of the arrangement between an employer and its employees is that employees will be paid the wages they are entitled by law, including overtime pay. Unfortunately, employers often deny overtime compensation, either because they misinterpreted the law or because they simply want to save money.

If this has happened to you, contact an unpaid overtime lawyer for a free, no obligation legal consultation. One of our trusted attorneys may be able to obtain the compensation you deserve. We have in-depth knowledge of overtime requirements, having interpreted these laws for numerous clients who we have also secured compensation for.

Fill out a Free Case Evaluation form right now or call us at 410-244-7005.

Contact our personal injury lawyers for a free consultation if you have been injured by another’s negligence. You may be entitled to compensation.



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