Overtime Violations
At Welmaker Law, we are dedicated to protecting workers’ rights and seeing that they are compensated for every hour worked. Overtime violations are all too common in numerous industries, and many employees may not even realize they are victims of wage theft. Our experienced attorney and skilled staff are here to help you identify and address these issues and hold bad-acting employers accountable. Below, we outline the most frequent types of overtime violations and how we can fight for justice on your behalf.
If you have questions about your specific situation and legal options, contact us to request a free consultation. During this meeting, you can speak with our attorney, Doug Welmaker, a professional with 15+ years of experience handling unpaid overtime cases.
To start with Welmaker Law, call (903) 500-9970 or submit our convenient online contact form. We proudly represent workers nationwide.
Common Roles Facing Overtime Violations
These industries often see wage violations, know your rights.
Who We Help
Our firm has extensive experience representing workers across various industries, including:
- Home healthcare workers dealing with unpaid overtime due to untracked hours spent preparing notes, visiting patients, and traveling between job sites.
- Oilfield workers facing issues with employee misclassification or illegal day rate systems.
- Salaried employees and workers across all fields who may have been subject to employer wage theft.
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“He won our case, and all nurses involved were paid. I would never recommend anyone else!”Cristy
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“I was amazed at the speediness and, most importantly, his responsiveness throughout the whole thing. Thanks Doug!! 10/10.”Jonathan
The Common Overtime Violations that We Handle
Unpaid Overtime
One of the most prevalent wage violations is failure to provide employees the overtime pay they are entitled to. If you work more than 40 hours in a week, your employer is required to compensate you with overtime pay, typically time-and-a-half your hourly rate. Whether you are paid hourly, on a salary, or by day rate, your time must be tracked, and you must be compensated properly for eligible overtime pay.
Here is a violation we often see:
- A salaried employee works 50 hours a week but receives no additional compensation for the extra 10 hours. This violates overtime laws, even for salaried workers.
Misclassification as Independent Contractors
Employers often misclassify employees as independent contractors to avoid paying overtime and covering employment taxes. However, unless you control your schedule, set your rates, and work independently, you should not be classified as an independent contractor.
Ask yourself:
- Do you choose your hours and work for multiple employers at the same time?
- Do you set your own pay rate without employer input?
If the answer is no, you likely qualify as an employee and may be owed unpaid overtime.
Timekeeping Tricks
Employers sometimes manipulate timekeeping systems to avoid paying overtime. Here is how these tricks might play out:
- Rounding - Adjusting clock-in and clock-out times to reduce hours, such as moving a 7:58 a.m. clock-in to 8:15 a.m.
- Working off the clock - Encouraging or requiring employees to continue working after clocking out to meet quotas or complete tasks.
- Non-compensated setup or shutdown time - For example, call center employees may be required to log into software before their shift starts or shut down computers after their shift ends but are not paid for this time.
Why Workers Choose Welmaker Law
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Guidance You Can UnderstandWe explain every step so you know what is happening and why it matters.
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Representing Workers NationwideFrom Texas to anywhere in the U.S., we help employees recover the wages they have earned.
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Focused Exclusively on Overtime LawOur practice is 100 percent dedicated to unpaid overtime cases.
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No Upfront Costs, EverWe offer free consultations and only get paid if we recover money for you.