Overtime Violations

Houston Overtime Violation Attorney

Wage theft forces tens of thousands of families to live below the poverty line...even when they're working hard enough to live above it!

Per the Fair Labor Standards Act (FLSA), workers are required to receive at least minimum wage and must receive paid overtime. Unfortunately, it is far too common for these rights to be violated. Often, employers will try to skirt around requirements and find loopholes so they can get out of paying their workers what they deserve. These practices are illegal, and workers should be made aware of their rights. Work time is strictly defined as all hours an employee worked performing their job duties, whether you are on or "off-the-clock." The fact is, if an employee works 40+ hours a week, all excess hours are considered overtime and worthy of compensation. The required overtime pay is one and one-half times the employee's regular rate. If you still have questions regarding your rights as a worker, then defer to the Fair Labor Standards Act or seek legal help.

Overtime Violations in the Restaurant Industry

For restaurant workers, it looks a little different. Because servers earn tips, if the direct wage they receive from their employer combined with the tips they make does not meet the minimum wage requirement or overtime pay requirement (if applicable), the employer is required to pay the difference. If an investigation reveals that you are not receiving your fair pay and your rights under the FLSA are being violated, you deserve compensation. If your employer requires you to work off-the-clock and not giving you overtime pay, your wages are not meeting minimum wage requirements, or if your employer has given you time off in hopes of compensating for your overtime work, you should seek legal help.

Last year, one restaurant company was found to have $6.8 million in unpaid wages held from 1,559 workers. That's over $4,000 per worker!

If employers found that employees had stolen $6.8 million from the company, they would pursue litigation in a heartbeat. However, when the employer benefits...there's nothing but silence on their part. Employers are taking more and more liberties with their workers, using projects, holiday rushes, or low staffing as excuses to demand free work from their teams.

It's Time for Your Employer to Take You Seriously

Yes, some employers make mistakes.

But other employers edit time cards, round down your hours, ask you to work overtime without authorizing overtime pay, or tell you that you're not being a "team player" by affirming your right to be paid overtime. We've watched loyal employees learn a hard lesson with every claim: employers won't do the right thing unless you make them do the right thing. Holding them accountable is the only way these companies will start taking overtime seriously–and start paying you what you're owed under the law.

Employees should see overtime violations and wage theft for what they are: a violation of the American Dream, a violation of our right to have a fair day's pay for a fair day's work.

Call (888) 493-1629 to Schedule a Free Case Evaluation

At Arnold & Itkin, we are experienced in commercial litigation and have a successful track record in getting our wronged clients the justice they deserve. With attorneys at our firm who have years of business experience behind them, we will be able to offer you the kind of representation you need if you are facing overtime violations. Your employer is responsible for paying you what you are entitled to under the Fair Labor Standards Act. The amount of compensation you are entitled to varies depending on your particular case, so it would be best to have us evaluate your claim. Your employer may even be charged additional fines if they were found to have willfully repeated this violation over a period.

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