Unpaid Overtime

The federal Fair Labor Standards Act, or FLSA, requires employers to pay overtime to most hourly employees who work more than 40 hours during a 7-day workweek. The overtime rules also apply to many “salaried” employees making less than $684 per week.  Sadly, although the FLSA has been the law for nearly 90 years, , many employers continue to violate it.

How Employers Deny Workers Overtime Pay

Since overtime exemptions apply, many employers look for loopholes that allow them to cheat workers out of the money they have earned. In other instances, employers just refuse to comply.

Agee Clymer Mitchell & Portman  helps clients resolve problems like:

• Employers who Make employees work off the clock before and after their scheduled shifts;
• Telling employees they will be fired if they do not put in unpaid overtime;
• Promising, but never granting, comp time in lieu of overtime pay;
• Misclassifying employees as independent contractors who are not entitled to minimum wage or overtime;
• Miscategorizing hourly employees as salaried managers;
• Giving staff managerial titles because employers believe that managers generally do not qualify for overtime pay;
• Miscounting tips while calculating overtime pay for wait staff, bartenders and other topped employees;
• Telling tipped employees that they are not eligible to earn overtime.

Rarely Just One Worker Affected

We have also noticed that when employers violate the FLSA and its overtime rules, those violations often effect more than one employee. When we take a case, we look for evidence that might justify filing a collective action or class action lawsuit.

Evidence really is the key to winning an unpaid overtime case. A considerable part of our jobs involves obtaining and analyzing business records, shift schedules, timesheets, and pay stubs. Accessing this information can require going to court to secure subpoenas, and making sense of all the data requires experience and expertise.

We Understand That Fighting for Unpaid Overtime Is Difficult

We offer free, confidential consultations to employees who think they may have grounds for filing a complaint over unpaid overtime. We understand that workers justifiably fear retaliation for even asking their managers and supervisors about pay discrepancies. Although retaliation is unlawful under the FLSA, employees fear they will be fired, demoted, reassigned or otherwise mistreated for demanding to be paid correctly.

Contact our Experienced Unpaid Overtime Attorney

Workers who speak with an attorney at Agee Clymer Mitchell & Portman will receive clear, factual answers about the law and their legal options. Workers can also count on us to deal directly with their employer on obtaining records, interviewing witnesses, and calculating requests for back pay and compensatory damages. If necessary, we will work to hold the company accountable for permitting or encouraging retaliation.

To schedule an appointment with our unpaid overtime lawyer, call our offices in Columbus, Ohio, at (614) 221-3318. You can also connect with us online.