Is There A Type Of Industry Where Failing To Pay Employees Overtime Is Common?
Failing to pay employees overtime is common in the construction and restaurant industry. Small employers and new businesses can also run into this issue because they may not understand the law as it pertains to overtime pay.
I Was Paid Off The Books In Cash; Does This Mean I Am Out Of Luck On Underpaid Overtime Wages?
If you were paid off the books in cash, you can still claim overtime. It is important to maintain good record keeping as an employee in order to prove how much you worked each week in the event that there is a disagreement with your employer.
I Can’t Afford An Attorney To Help Me Out With My Overtime Problem. What Can I Do?
The Fair Labor Standards Act is a federal statute which provides that if an employee prevails in an overtime case, then that employee’s lawyer will be paid attorney’s fees by the employer. That is often a large component of these claims and can steer negotiations. Many lawyers who practice in this field will take cases on a contingency fee basis or some other arrangement whereby the employee will not have to pay anything out of pocket unless they receive a recovery.
I Don’t Have Proper Immigration Papers Or Work Authorization. Am I Still Entitled To Overtime Protections?
You do not have to be a legally documented resident of the US in order to claim overtime protection so long as you worked more than 40 hours in a week and all the other requirements for overtime are satisfied.
I Am Still Working For The Company That I Have A Problem With. If I Try To Do Something About The Unpaid Overtime, Won’t They Just Fire Me?
If in good faith you believe that you have an overtime claim and it is later determined that you do not, you will have protections from termination, demotion, not getting a pay raise that you were supposed to receive, and not getting a bonus that you were supposed to receive. If any of these things happen, you would have a separate claim for retaliation. However, the reality is that an employer can terminate you if you allege a wage violation; the recourse would be a lawsuit for retaliation.
For more information on Failing To Pay Employees Overtime In Texas, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.

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