Unpaid Overtime and Unpaid Wage Attorney
If your employer failed to pay overtime or withheld wages you earned, you may recover back pay, liquidated damages, and attorney fees. The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, and recordkeeping standards for most U.S. employers. The federal minimum wage has been $7.25 per hour since 2009, and overtime pay laws require non-exempt employees to be paid 1.5 times their regular rate for hours worked over 40 in a workweek. An unpaid overtime attorney can evaluate your wage claim and pursue full wages under the FLSA or state wage laws.
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The wage and hour lawyers at Cantrell Schuette represent employees nationwide in unpaid wages and unpaid overtime matters. Our unpaid wages attorneys and unpaid wages lawyer team handle wage theft, off-the-clock work, misclassified employees cases, and other wage and hour violations on a contingency fee basis with free consultations.
Your Rights Under the Fair Labor Standards Act and Overtime Laws
The FLSA is the primary law governing overtime pay and minimum wage. Most non-exempt employees must receive overtime pay at time and a half for every hour worked beyond 40 in a workweek. State laws may add employment rights and protections, including overtime eligibility and whistleblower rules.
Wage & Hour Protections
- Core wage and hour protections include:
- Minimum wage for every hour worked
- Overtime pay at time and a half for hours worked beyond 40 per week
- Exemptions for executive, administrative, professional, and outside sales positions
- Accurate pay periods and pay stubs showing actual work hours and paid time
- Protection from retaliation for pursuing legal action over lost wages
- The right to file an unpaid overtime claim through an unpaid wages lawyer or the Department of Labor
Common FLSA Violations and Wage Theft Our Unpaid Overtime Lawyers Handle
Wage theft occurs when employers fail to pay employees their rightful earnings. Many workers are unaware that the employer is violating overtime requirements.
Common Wage Violations
Our unpaid wages attorneys handle the full range of wage violations, overtime violations, and hour violations, including:
- Failing to pay overtime for overtime hours beyond 40 per workweek
- Misclassifying non-exempt employees as exempt to avoid paying overtime
- Classifying workers as independent contractors to skirt overtime requirements
- Off the clock work before a shift, after a shift, or through meal and rest breaks
- Improperly calculating the overtime rate by excluding commissions, bonuses, or shift differentials
- Denying overtime pay to similarly situated employees in the same role
- Altering time records or pressuring workers not to report extra hours
An unpaid wage lawyer can review whether other employees faced the same violations and whether a collective action is appropriate.
Do You Have Grounds for an Unpaid Wage or Overtime Claim?
You may have a valid wage claim if any of the following apply:
- Your employer required or allowed you to work extra hours without paying overtime
- You were told you are exempt, but your duties do not meet the duties test for exempt employees
- You were paid a flat salary with no overtime compensation, regardless of overtime hours worked
- Your employer altered time records or deleted hours worked to reduce wages owed
- You were classified as an independent contractor, but your working conditions reflect employment
- You were discouraged from reporting overtime, or the employer used practices to avoid paying overtime
Proving Your Claim
To prove your claim, collect pay stubs, time records, employment contracts, and correspondence about hours or pay. Contact our firm for an initial consultation with an unpaid overtime lawyer. We will review your situation, calculate wages the employer may owe, and explain your legal options.
What Compensation Is Available in a Wage Violations Case?
When employers commit wage theft, workers can pursue back pay, liquidated damages, and attorney fees. High-value collective actions can recover millions for employees. Many employment lawyers operate on a no-win, no-fee basis, with contingency fees that often fall in the 25% to 40% range depending on the firm and case. Under the FLSA, a prevailing employee is often awarded attorney fees paid separately by the employer.
Proving Your Claim
Typical recovery in an unpaid overtime or unpaid wage case may include:
- Back pay for all unpaid overtime wages at time and a half, plus back pay for other unpaid wages owed
- Liquidated damages equal to the amount of unpaid wages in most FLSA cases
- Additional damages under state wage laws for willful overtime violations
- Recovery of underpaid wages, unpaid commissions, unpaid bonuses, and lost wages
- Criminal penalties and civil fines against employers in egregious cases
- No upfront fees or upfront costs when handled on a contingency fee basis
- Attorney fees and court costs are paid by the employer in most successful cases
The Department of Labor Wage and Hour Division enforces the FLSA, investigates employers, and accepts retaliation complaints when adverse action follows a protected wage and hour activity. Employees may also pursue private overtime lawsuits in court.
What Our Clients Say
Why Hire an Attorney for Wage & Hour Litigation?
Employers often have counsel working to minimize exposure. As your advocate, Cantrell Schuette brings deep knowledge of wage and hour law, FLSA collective actions, and hour claims involving work hours and pay disputes. When hiring an attorney, prioritize a wage and hour attorney focused on FLSA violations with experience protecting clients from retaliation.
Our unpaid wage lawyer team can assist with:
- Evaluating your wage claim and calculating the wages the employer owes
- Gathering evidence, including pay stubs, time records, and employment contracts
- Communicating with your former or current employer on your behalf
- Filing collective actions for similarly situated employees subject to the same wage violations
- Pursuing legal action in state court, federal court, or through the Department of Labor
- Representing workers in mediation, arbitration, and trial through employment litigation
Our wage and hour practice focuses on fair pay for paid time and work hours. We also represent clients in related pay disputes involving unpaid commissions and bonuses, and discrimination and retaliation.
Contact an Unpaid Overtime Attorney Today
If your employer failed to pay overtime or withheld wages you earned, do not wait. Wage claims are subject to strict filing deadlines. Contact Cantrell Schuette today at (877) 858‑6868 or email coordinator@lawcantrell.com to speak with a dedicated unpaid wage lawyer.
Unpaid Overtime and Wage Violations FAQs
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How long do I have to file an unpaid overtime claim?
Under the FLSA, the statute of limitations is generally two years from the date of the violation, or three years if willful. State wage laws may provide longer windows. Missing a deadline can mean losing your right to recover owed wages.
Who qualifies as a non-exempt employee entitled to overtime pay?
Most hourly workers and many salaried workers are non-exempt. To determine if an employee is exempt under the FLSA, both salary basis and job duties must be evaluated. The most common exemptions apply to executive, administrative, and professional employees. The FLSA also includes exceptions for seamen and employees engaged in fishing operations. If you were classified as exempt but your duties do not qualify, you may be owed back pay at time and a half.
Can my employer retaliate against me for raising an overtime concern?
No. The FLSA makes it illegal for employers to retaliate against employees who file complaints or report wage violations. Reporting violations to HR or management is protected by law. If you experienced retaliation after raising concerns about lost wages or off-the-clock work, contact unpaid wages attorneys.
What if my employer classified me as an independent contractor?
Independent contractor classification does not automatically bar overtime protections. If your working conditions reflect an employment relationship under the FLSA, you may still be entitled to overtime pay. An unpaid overtime lawyer can evaluate whether misclassification was used to avoid paying overtime.
How do I choose the right unpaid wage lawyer?
Choose a law firm with advocates who possess deep knowledge of wage and hour law, including FLSA litigation, hour claims, and employee misclassification cases. An experienced unpaid overtime attorney should offer a free initial consultation, work on a contingency fee basis (often in the 25% to 40% range depending on the firm and case), and have a proven record in wage and hour disputes.