Not Paid for Your Overtime?

If you worked more than 40 hours a week without time and a half, you may be owed back pay.

We focus only on unpaid overtime cases

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.

Do you qualify?

  • Worked more than 40 hours in a week
  • Paid straight time for overtime hours
  • Salaried but not paid overtime
  • Paid a day rate with no overtime
  • Paid on a 1099 but work like an employee
  • Asked to work off the clock

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Reach out today!

At Bustos Law Firm, P.C., we represent clients in West Texas and New Mexico in employment law matters.

How it works

1

Tell us about your hours and pay

2

Our team reviews your overtime claim

3

We contact you about next steps

Industries we help

  • Oilfield and day rate
  • Construction
  • Retail
  • Food service
  • Hospitality
  • Hotels, agriculture, IT, healthcare

Bustos Law Firm

Serving Texas and New Mexico

Hablamos Español

Frequently Asked Questions

  • Can salaried employees be owed overtime?

    Yes. Receiving a salary does not automatically mean you are exempt from overtime pay. Under the Fair Labor Standards Act (FLSA), overtime eligibility depends on several factors, including your actual job duties, how you are paid, and whether your position meets specific legal exemption requirements. Many salaried employees are entitled to overtime compensation when they work more than 40 hours in a workweek. If your employer has denied you overtime simply because you receive a salary, Bustos Law Firm can review your employment situation and help determine whether you may be owed unpaid wages.

  • Does a day rate mean no overtime?

    No. Being paid a flat daily rate does not automatically eliminate your right to overtime compensation. Many employees who receive a day rate, particularly those working in the oil and gas, construction, and industrial industries, may still qualify for overtime pay under federal law. If you regularly work more than 40 hours per week without receiving additional compensation, your employer may be violating federal wage and hour laws. Bustos Law Firm can evaluate your pay structure, hours worked, and job responsibilities to determine whether you may be entitled to unpaid overtime.

  • What if I'm paid on a 1099?

    Receiving a 1099 instead of a W-2 does not automatically mean you are an independent contractor or ineligible for overtime pay. Some employers incorrectly classify workers as independent contractors to avoid paying overtime wages and providing other employment protections. Under federal law, your employment classification depends on the actual nature of your working relationship, not simply how your employer labels you. Factors such as your independence in performing work, your opportunity for profit or loss, and your relationship with the business may affect your classification. If you believe you have been misclassified, Bustos Law Firm can review your circumstances and help determine whether you may qualify for unpaid overtime compensation.

  • Is there a deadline to file a claim?

    Yes. Under the Fair Labor Standards Act (FLSA), employees generally have two years to pursue unpaid overtime wages, although this period may extend to three years if the employer's violation was willful. Additional deadlines may apply depending on your state's wage and hour laws and the type of claim being filed. Because waiting can limit the amount of unpaid wages you may be able to recover, it is important to explore your legal options as soon as possible. Bustos Law Firm represents employees in Texas, New Mexico, and nationwide in federal overtime claims and can help you understand the deadlines that apply to your situation.