We Provide Nationwide Representation in Overview Claims

At Bustos Law Firm, P.C., our overtime attorneys are dynamic, dedicated, and experienced advocates for clients. We are well-versed in the Fair Labor Standards Act (FLSA) and we provide nationwide legal representation to employees in unpaid overtime cases. If you or your loved one was not paid the full overtime wages that you earned, we are here to help. Contact us today to set up your free, completely confidential initial consultation.

Call 806-696-8285 to connect for a free consultation with an Overtime Wage Lawyer today!

What to Know About the Overtime Protections of the Fair Labor Standards Act (FLSA)

Overtime pay is primarily governed by federal law. The Fair Labor Standards Act (FLSA) requires covered employers to pay non-exempt employees overtime compensation at a rate of at least one and one-half times the employee’s regular rate of pay for all hours worked over forty in a workweek. A workweek is a fixed and regularly recurring period of 168 hours. Notably, an employer cannot average hours across multiple weeks to avoid overtime liability. Here is a simple example: 

  • Imagine a worker at a manufacturing company in West Texas makes $30.00 per hour. In a specific workweek, he puts in 50 total hours. Under the FLSA, the first 40 hours would be paid at straight-time wages ($30.00) and the remaining ten would be paid at the overtime rate of 1.5x ($45.00). The worker would earn $1,200 in straight pay for the week before taxes and deductions, and an additional $450 in overtime pay. 

A key issue in most overtime cases is classification. The FLSA only requires overtime for non-exempt employees. To avoid paying overtime, a business or organization has the burden of proving that an exemption applies. Common exemptions include the executive, administrative, and professional exemptions. An exemption requires satisfaction of both a salary basis test and a duties test. A salary basis requires a predetermined amount not subject to improper deductions, and federal regulations impose a minimum salary threshold. The duties tests require proof of primary job functions, such as managing a recognized department, exercising discretion and independent judgment on matters of significance, or performing work requiring advanced knowledge in a field of science or learning. Our Texas overtime lawyer and New Mexico overtime lawyer help workers navigate the FLSA as well as their protections under any applicable state law. 
Call 806-696-8285 to connect for a free consultation with an Overtime Wage Lawyer today!

Overtime Lawyers protecting unpaid wages. Call 806-515-4951 for experienced help with overtime pay violations.

Remedies for Overtime Law Violations 

If you were the victim of an overtime pay violation, you should have the right to seek compensation for your damages. The primary remedy in overtime cases is financial compensation. There are a number of different specific categories of financial compensation that may potentially be awarded depending on the circumstances of the case. Here is an overview: 

  • Unpaid Overtime Wages: First and foremost, an employee may recover the difference between what the employer paid and the overtime compensation required by 29 U.S.C. § 207. Workers can generally seek unpaid overtime for up to the last two years. Though they can look back three years in cases involving willful violations.
  • Liquidated Damages: Under the FLSA, courts must award additional liquidated damages equal to the amount of unpaid overtime unless the employer proves good faith and reasonable grounds for believing it complied with the law. The good-faith defense is narrowly applied and places a substantial evidentiary burden on the employer.
  • Attorneys’ Fees and Costs: A prevailing employee is entitled to a reasonable attorney’s fee and costs under 29 U.S.C. § 216(b). Fee shifting changes the economics of litigation and enables recovery even for modest wage claims. In other words, the cost of your lawyer (and court costs) can be fully covered if you bring a successful claim. 

How Our Overtime Lawyers Can Help

Overtime claims are complicated. We are a solutions-focused law firm that is committed to protecting the rights of employees. Businesses and organizations must be held accountable for overtime violations. At Bustos Law Firm, P.C., we are proud to be nationwide leaders in overtime law. Our reviews and ratings tell the story of what the overtime lawyer team here can do for you. We are proactive and provide personalized advocacy. Contact an overtime wage and hour lawyer today to get started. 

Contact Our Overtime Attorney Today

At Bustos Law Firm, P.C., our overtime lawyers have the knowledge, skills, and professional expertise that employees can trust. If you were not paid the full and proper overtime that you earned under the law, we are here to help. Call us at 806-696-8285 or contact us online for a free, no obligation consultation. With offices in West Texas and New Mexico, we provide overtime representation nationwide. 
Call 806-696-8285 to connect for a free consultation with an Overtime Wage Lawyer today!

Frequently Asked Questions for an Overtime Wage Lawyer in Texas and New Mexico

Q. What does a national Overtime Lawyer do, and how can a Texas Overtime Lawyer help me recover unpaid overtime wages?

A. A national Overtime Lawyer specializes in enforcing federal Fair Labor Standards Act (FLSA) rights and applicable state laws to help employees recover unpaid overtime compensation across the United States. In Texas, a Texas Overtime Lawyer from Bustos Law Firm, P.C. evaluates your work hours, pay records, and job duties to determine if your employer violated overtime rules, then pursues claims through the Texas Workforce Commission or federal court to secure the wages you are owed at 1.5 times your regular rate for hours worked over 40 in a workweek.

Q. Am I entitled to overtime pay under Texas law as explained by an Overtime Lawyer Texas?

A. Most non-exempt employees in Texas are entitled to overtime pay under the federal FLSA, which applies nationwide and is enforced in Texas. An Overtime Lawyer Texas from Bustos Law Firm, P.C. can review your specific situation to confirm eligibility, as Texas generally follows FLSA standards requiring time-and-a-half pay for all hours over 40 in a workweek for covered workers. Certain exemptions exist for executive, administrative, professional, and outside sales roles, but many hourly and even some salaried employees qualify.

Q. What is the difference between exempt and non-exempt employees for overtime claims handled by an Overtime Lawyer?

A. Exempt employees are not entitled to overtime pay under the FLSA if they meet specific salary and job duty tests for executive, administrative, professional, or computer roles, while non-exempt employees must receive overtime for hours over 40 per workweek. An Overtime Lawyer from Bustos Law Firm, P.C. analyzes your actual job responsibilities and compensation to classify you correctly and challenge misclassification that denies you overtime rights in Texas or New Mexico.

Q. How is overtime pay calculated according to an Overtime Lawyer Texas?

A. Overtime pay is calculated at one and one-half times your regular rate of pay for all hours worked beyond 40 in a seven-day workweek, as required by the FLSA. An Overtime Lawyer Texas from Bustos Law Firm, P.C. determines your regular rate by including hourly wages, commissions, bonuses, and other non-discretionary payments, then computes the exact amount owed based on your time records to build a strong recovery claim.

Q. Can an Overtime Lawyer in New Mexico help if my employer fails to pay for unauthorized overtime hours?

A. Yes, employers in New Mexico must pay overtime for all hours actually worked over 40 in a workweek under both the FLSA and New Mexico Minimum Wage Act, regardless of prior authorization. An Overtime Lawyer New Mexico from Bustos Law Firm, P.C. gathers evidence of hours worked to prove the violation and demands full compensation plus any applicable penalties or liquidated damages.

Q. What should I do if my employer refuses to pay overtime? Should I contact an Overtime Lawyer in Texas or an Overtime Lawyer in New Mexico?

A. If your employer refuses to pay overtime, document all hours worked, gather pay stubs and communications, and consult an experienced Overtime Lawyer promptly. Bustos Law Firm, P.C. provides free consultations for clients, not just in Texas and New Mexico, but nationwide.  We can file claims with the appropriate agency or pursue a lawsuit to recover your unpaid wages under federal and state law.

Q. How long do I have to file an overtime claim with help from an Overtime Lawyer?

A. Under the federal FLSA, you generally have two years from the date the overtime was owed to file a claim, or three years if the violation was willful. In Texas, some wage claims through the Texas Workforce Commission must be filed within 180 days, while New Mexico allows up to three years for state wage claims. An Overtime Lawyer from Bustos Law Firm, P.C. will assess the best filing deadline and venue for your Texas or New Mexico case to protect your rights.

Q. Can salaried employees qualify for overtime pay according to a national Overtime Lawyer serving Texas and New Mexico?

A. Yes, many salaried employees qualify for overtime if they do not meet the FLSA’s strict exemption criteria for salary level and job duties. A national Overtime Lawyer from Bustos Law Firm, P.C. reviews your salary, primary responsibilities, and actual work performed to determine if you are misclassified as exempt and entitled to back overtime pay in Texas or New Mexico.

Q. What damages can an Overtime Lawyer recover for me in a Texas or New Mexico overtime lawsuit?

A. In a successful overtime lawsuit, you can recover unpaid overtime wages, liquidated damages (often doubling the amount owed), attorney fees, and court costs under the FLSA. Bustos Law Firm, P.C. aggressively pursues these full remedies for clients in Texas and New Mexico, holding employers accountable for violations of federal and state wage laws.

Q. Why should I hire Bustos Law Firm, P.C. as my Overtime Lawyer for cases in Texas and New Mexico?

A. Bustos Law Firm, P.C. offers dedicated representation focused exclusively on employee wage and hour rights, including unpaid overtime, with decades of combined experience building strong cases under the FLSA and state laws. As your Overtime Lawyer serving Texas and New Mexico, the firm provides free consultations, personalized strategies, and no upfront fees in most cases to help you recover what you rightfully earned without the stress of facing your employer alone.

Contact an Overtime Lawyer Today

Call 806-696-8285 to connect for a free consultation with an Overtime Wage Lawyer today!