Does My Employer Have To Pay My Attorney’s Fees If I Win My Overtime Claim?

Under the FLSA, there are a couple of different damages that employers are entitled to receive, if they win their overtime claim. The first one is the overtime pay that is owed. The amount that is paid in overtime wages is actually doubled, as penalty for the employer not paying those damages. Then, the other component is attorney’s fees. A settlement offer will generally include attorney’s fees. If there is not a settlement and the case goes to a trial in front of a judge or a jury, as long as the employee wins, then the lawyer for the employee can file a motion with the court asking the court to award attorney’s fees.

How Do I Prove The Hours Of Overtime That I Worked? What Other Evidence Is Necessary?

The burden in this situation is on the employer to keep records of overtime worked by their employees. They have an obligation, under the FLSA, to keep track of the hours worked by each employee by day, by week, and by pay period. They cannot thwart that obligation by claiming that they were unaware of that provision of the law. Assuming that does not happen, then employees can testify about the hours that they believe they worked. You may want to keep a journal or inform supervisors and bosses about overtime hours worked. A general recollection of the days and hours worked can, many times, be enough.

What Is Considered Work Under The Federal Overtime Law?

Work is anything that your employer asks you to do. If you are asked to do work for your boss during your lunch break, that would be considered work. If you are asked to put together presentations at home, that would be considered work. As long as it is for the benefit of the employer and at the request of the employer, it will be considered work.

How Do I Pay My Attorneys To Bring An Unpaid Overtime Lawsuit?

Most attorneys will allow you to enter into what is called a contingency fee arrangement. This means that if there is no recovery, then the employee owes nothing to the attorney. If there is a recovery, then the contingency fee arrangement dictates how the recovery will be split between the attorney and the employee.

For more information on Winning An Overtime Claim In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.