Unpaid Overtime Lawyer
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.
Were You Not Paid the Overtime You Earned? We Can Help
At Bustos Law Firm, P.C., our unpaid overtime lawyers help employees in Texas and New Mexico recover unpaid overtime wages by holding employers accountable under the Fair Labor Standards Act (FLSA) and applicable state law. If you believe you were not paid the full overtime compensation you earned, our experienced attorneys and unpaid overtime attorneys can assess your rights, explain whether overtime rules or exemptions apply, and help you pursue the wages you are owed before legal deadlines run out. We are here to help you understand how overtime pay is calculated, what protections federal and state law provide, and what legal steps may be available to recover unpaid wages. Contact us today to set up a free, fully confidential consultation with a Texas unpaid overtime lawyer or a New Mexico unpaid overtime lawyer.
Call 806-696-8285 to connect for a free consultation with an Unpaid Overtime Lawyer today!
Overtime Pay is Primarily Governed By the Federal Fair Labor Standards Act
- Forty-Hour Workweek Rule: Under the FLSA (29 U.S.C. § 207(a)(1)), employers are required to pay overtime at one and one-half times (1.5x) the regular rate for all hours worked over forty in a specific workweek. Put simply, once a non-exempt employee works more than 40 hours per week, the employer must pay time and a half, and the overtime rate must be based on the employee’s regular hourly rate. Each workweek stands alone. In other words, an employer cannot take an “offset” against other weeks when an employee worked less than 40 hours.
- The Term “Regular Rate of Pay” is Broadly Defined: For the purposes of overtime law, the “regular rate” includes all remuneration for employment (pay and benefits for employment) unless a statutory exclusion applies. Employers must include things like non-discretionary bonuses, commissions, and shift differentials.
- Exemptions Are Strict and the Employer has the Burden: The FLSA allows certain employees to be exempt from overtime requirements. However, an employer must prove that an employee qualifies for an exemption. A job title alone is not sufficient. The actual role of the employee is what matters for determining an overtime exemption. Even salaried employees may be entitled to overtime pay, because salary alone does not determine exemption status.
- The Salary Basis and the Duties Tests Control Classification: FLSA exempt status requires payment on a salary basis at or above the regulatory threshold and proof that the employee’s primary duties meet the executive, administrative, or professional criteria. Under current federal rules, exempt employees generally must be paid at least $684 per week, but job duties still control whether a worker is legally entitled to overtime.
- Defining Hours Worked Under the Law: Employers must pay for all hours they know or should know an employee worked, including off-the-clock time. Pre-shift setup, post-shift closing tasks, remote communications, and interrupted meal breaks can all count as compensable time when the employer permits the work to occur. Many employers also violate overtime laws by mislabeling a worker as an independent contractor to avoid paying overtime. Notably, federal law requires employers to maintain accurate records of hours worked. When records are incomplete or inaccurate, courts permit employees to prove hours through reasonable estimates. The burden shifts to the employer to rebut those inferences.
- No Waiver of Overtime Rights: You cannot agree to not take overtime as part of your job. Indeed, the law is clear, employees cannot waive their right to overtime compensation through a private agreement (employment contract). Any purported waiver or contract term that attempts to avoid statutory overtime obligations is unenforceable as a matter of law.
- Overtime Deadline: The statute of limitations is two years for standard violations and three years for willful violations under 29 U.S.C. § 255(a). In other words, when you file an overtime claim, you have the right to seek damages for unpaid overtime for the last two years. If you can prove that your employer was “willful” in its violation of your rights, you can reach back an additional year to collect damages (three years in total).
Call 806-696-8285 to connect for a free consultation with an Unpaid Overtime Lawyer today!
Note:
- Individual states can set additional overtime regulations, but not all of them do. Some unpaid wage disputes involve both federal and state law depending on the facts of the case. For example, Texas does not have an independent overtime statute. It relies on federal standards for overtime eligibility, overtime pay calculations, and other matters. Our Texas overtime lawyer helps workers get their full and fair overtime pay under the FLSA. New Mexico does have an independent overtime requirement that is included within the New Mexico Minimum Wage Act (N.M. Stat. Ann. § 50-4-22(D)). However, the law largely mirrors the federal requirements. Our New Mexico overtime lawyer can help you fight for justice and compensation for your damages.
How Our Unpaid Overtime Lawyer Can Help
Unpaid overtime claims are complicated. If you have a lot of questions about your rights and your options, speak with employment lawyers who focus on wage-and-hour disputes, not just general employment law. At Bustos Law Firm, P.C., we are proactive and justice-driven. Our reviews and ratings show what we can do for clients. Our overtime lawyer team works closely with employees in Texas and New Mexico on employment law claims involving unpaid wages and overtime violations. Employers simply do not have the unilateral right to decide that you are ineligible for overtime pay. There are important protections under the FLSA. Those legal protections also bar retaliation when workers report violations or file complaints. If you have questions about your employee rights and legal options, you may be able to file a complaint with the WHD, which can lead to an investigation, or pursue legal action in court. Our legal team can review whether many employees with similar claims may be able to move forward through a collective action lawsuit. If your rights were violated, we can help. Contact an overtime wage and hour lawyer today for your completely confidential consultation.
How Employers Commonly Violate Overtime Laws
Many unpaid overtime claims arise because employers fail to follow the overtime requirements established by the Fair Labor Standards Act (FLSA). In some cases, violations are intentional. In others, employers misunderstand or improperly apply wage-and-hour laws. Regardless of the reason, employees who have earned overtime compensation generally have legal rights.
Common Unpaid Overtime Violations Include:
- Failing to pay time-and-one-half after an employee works more than 40 hours in a workweek.
- Requiring employees to work “off the clock” before or after scheduled shifts.
- Automatically deducting meal breaks even when employees continue working.
- Misclassifying workers as exempt employees when they should receive overtime.
- Improperly classifying workers as independent contractors instead of employees.
- Failing to include bonuses, commissions, or incentive pay when calculating the regular rate of pay.
- Paying straight time instead of overtime for extra hours worked.
- Altering or deleting employee time records.
- Requiring employees to perform work after clocking out.
- Retaliating against workers who question unpaid overtime practices.
If any of these situations sound familiar, it is important to have your circumstances reviewed by an experienced Unpaid Overtime Lawyer. Small payroll errors can add up to thousands of dollars in unpaid wages over time.
Who May Be Entitled to Unpaid Overtime?
Many workers incorrectly assume they are not eligible for overtime simply because they receive a salary or have a management title. In reality, overtime eligibility depends upon federal law—not an employer’s label.
Employees who frequently recover unpaid overtime include workers in industries such as:
- Oil and Gas
- Healthcare
- Hospitals
- Nursing Homes
- Home Healthcare
- Construction
- Manufacturing
- Warehousing
- Distribution Centers
- Retail
- Restaurants
- Hospitality
- Hotels
- Security Services
- Call Centers
- Customer Service
- Telecommunications
- Information Technology
- Logistics
- Transportation
- Truck Driving
- Delivery Services
- Field Service Technicians
- Maintenance Workers
- Agricultural Processing
- Sales Employees
- Financial Services
- Mortgage Industry
Even if your occupation is not listed above, you may still have the right to overtime pay. Every situation depends upon the actual job duties performed, compensation structure, and the facts surrounding your employment.
Signs You May Have an Unpaid Overtime Claim
Many employees do not realize they have an overtime claim until months or years after the violations begin. Employers often normalize unlawful payroll practices, causing workers to believe they are simply part of the job.
Warning Signs Include:
- You regularly work more than 40 hours each week but never receive overtime pay.
- You answer emails or phone calls after work without compensation.
- You arrive early to prepare for your shift but cannot clock in until your scheduled start time.
- You continue working during unpaid lunch breaks.
- You stay after your shift finishes to complete paperwork or clean up.
- You are told you are salaried and therefore “not eligible” for overtime without any explanation.
- Your employer changes your timecards or rounds your hours down.
- You perform work from home without being paid.
- You attend mandatory meetings or training sessions without compensation.
If one or more of these situations applies to you, speaking with an Unpaid Overtime Lawyer can help you better understand whether your employer may have violated federal or state wage laws.
Evidence That Can Help Support an Unpaid Overtime Claim
Many employees worry they cannot prove unpaid overtime because their employer controls the official payroll records. Fortunately, federal law recognizes that employers—not employees—are responsible for maintaining accurate time records.
Helpful evidence may include:
- Pay stubs
- Timecards
- Electronic clock-in records
- Work schedules
- Emails
- Text messages
- GPS records
- Delivery logs
- Dispatch records
- Computer login records
- Security badge records
- Cell phone records
- Personal calendars
- Photos of work schedules
- Coworker testimony
Even if your employer failed to keep accurate records, employees are often permitted to establish their hours worked through reasonable estimates supported by available evidence.
Can I Recover More Than Just My Unpaid Overtime?
Yes. Depending upon the circumstances, employees may be entitled to recover substantially more than just the unpaid overtime wages themselves. Federal law may allow recovery of additional damages designed to fully compensate workers whose rights have been violated.
Potential recovery may include:
- Unpaid overtime wages
- Liquidated damages that may equal the amount of unpaid overtime
- Interest where permitted
- Attorney’s fees
- Court costs
- Additional remedies available under applicable law
Every case is unique. An experienced Unpaid Overtime Lawyer can evaluate which damages may be available based upon the facts of your claim.
Retaliation for Reporting Unpaid Overtime is Illegal
Some employees hesitate to report unpaid overtime because they fear losing their jobs or facing workplace retaliation. The Fair Labor Standards Act contains anti-retaliation protections that prohibit employers from punishing employees for asserting their wage rights.
Illegal retaliation may include:
- Termination
- Demotion
- Reduced hours
- Pay reductions
- Threats
- Harassment
- Disciplinary write-ups
- Unfavorable schedule changes
- Blacklisting
- Other adverse employment actions
If you experienced retaliation after requesting overtime pay, reporting wage violations, or participating in an investigation, you may have additional legal claims beyond your unpaid overtime wages.
Why Prompt Action Matters
Waiting too long to investigate unpaid overtime can reduce the amount of compensation you may be able to recover. Because overtime claims are governed by statutes of limitation, each passing workweek may affect the wages available for recovery. In addition, payroll records, electronic communications, witness memories, and other important evidence may become more difficult to obtain over time.
Speaking with an Unpaid Overtime Lawyer as soon as possible allows your legal team to evaluate deadlines, preserve evidence, calculate potential damages, and determine the best strategy for pursuing your claim.
Why Employees Throughout Texas and New Mexico Choose Bustos Law Firm, P.C.
Employees facing unpaid overtime issues deserve legal representation from attorneys who understand the complexities of wage-and-hour law. At Bustos Law Firm, P.C., our legal team focuses on protecting workers whose employers have failed to pay the overtime compensation required by law.
Clients choose our firm because we provide:
- Free confidential consultations
- Focused experience in overtime and wage-and-hour law
- Representation for employees throughout Texas and New Mexico
- Personalized case evaluations
- Clear communication throughout the legal process
- Aggressive advocacy against employers who violate overtime laws
Whether your claim involves unpaid overtime, off-the-clock work, employee misclassification, or another wage violation, our attorneys are prepared to evaluate your rights and explain your legal options.
Contact Our Texas and New Mexico Unpaid Overtime Lawyers Today
At Bustos Law Firm, P.C., our legal team includes solutions-focused, experienced attorneys for employees. If you were not paid the full and fair overtime you earned, we are here as a resource you can trust. Employees generally have up to two years to file an unpaid overtime lawsuit, with longer deadlines possible in willful cases. In some cases, a lawsuit may seek liquidated damages that can double unpaid overtime compensation. Call us at 806-696-8285 or contact us online to arrange a free, no obligation appointment. We handle unpaid overtime claims in Texas and New Mexico. Texas and New Mexico.
Call 806-696-8285 to connect for a free consultation with an Unpaid Overtime Lawyer today!
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At Bustos Law Firm, P.C., we represent clients in West Texas and New Mexico in employment law matters.
Frequently Asked Questions for an Unpaid Overtime Lawyer
What is an Unpaid Overtime Lawyer, and how can a Texas Unpaid Overtime Lawyer help me recover my wages?
An Unpaid Overtime Lawyer specializes in helping employees who have not received the full overtime compensation they earned under federal and state wage laws. A Texas Unpaid Overtime Lawyer from Bustos Law Firm, P.C. reviews your hours worked, pay records, and job duties, including pay stubs, timecards, and communications about work hours, to identify violations of the Fair Labor Standards Act (FLSA) and pursues claims to recover unpaid overtime at one and one-half times your regular rate for all hours over 40 in a workweek so you can seek proper overtime compensation and fair compensation.
How does an Unpaid Overtime Lawyer Texas explain the 40-hour workweek rule?
Under the FLSA, non-exempt employees must receive overtime pay at one and one-half times their regular rate for all hours worked over 40 in a single workweek, whether they are paid hourly or, in some cases, salaried employees who are not exempt. An Unpaid Overtime Lawyer Texas from Bustos Law Firm, P.C. explains that each workweek stands alone, meaning employers cannot average hours across weeks or offset overtime from busy weeks with lighter ones, and helps calculate and recover any unpaid amounts owed for overtime hours worked.
What is included in the regular rate of pay according to an Unpaid Overtime Lawyer in New Mexico?
The regular rate of pay for overtime calculations under the FLSA and New Mexico law is used to calculate the overtime rate and includes all remuneration for employment, such as hourly wages, non-discretionary bonuses, commissions, shift differentials, and qualifying additional compensation, including some forms of premium pay. Some employers improperly pay only straight time for overtime hours instead of the required premium. An Unpaid Overtime Lawyer New Mexico from Bustos Law Firm, P.C. ensures your regular rate is correctly determined so you receive the maximum overtime premium owed for hours worked over 40 in a workweek.
Can my employer claim I am exempt from overtime, and how does an Unpaid Overtime Lawyer help?
Employers bear the burden of proving that an employee meets both the salary basis and specific duties tests for FLSA exemptions. Many employers wrongly assume that salaried employees are automatically exempt, but the real question is exemption status under the salary and duties tests, and some use misclassification to avoid paying overtime. Workers may still be legally entitled to overtime based on their actual job duties, not just their job title. An Unpaid Overtime Lawyer from Bustos Law Firm, P.C. analyzes your actual job responsibilities and compensation to challenge improper exemptions and recover unpaid overtime for workers in Texas and New Mexico.
How does New Mexico law address unpaid overtime according to an Unpaid Overtime Lawyer in New Mexico?
The New Mexico Minimum Wage Act requires employers to pay non-exempt employees one and one-half times their regular rate for all hours worked over 40 in a workweek, mirroring many FLSA requirements. An Unpaid Overtime Lawyer New Mexico from Bustos Law Firm, P.C. enforces these protections and pursues claims for unpaid overtime under both state and federal law.
What counts as “hours worked” for unpaid overtime claims handled by an Unpaid Overtime Lawyer?
“Hours worked” includes all time the employer knows or should know the employee is working, and employees must be paid for each hour worked, such as off-the-clock tasks, pre-shift setup, post-shift closing duties, remote communications, and interrupted meal breaks. An Unpaid Overtime Lawyer from Bustos Law Firm, P.C. gathers evidence of these compensable hours to build a strong case for unpaid overtime in Texas or New Mexico. If employer time records are incomplete, workers should keep their own records of paid time.as or New Mexico.
Can I waive my right to overtime pay according to an Unpaid Overtime Lawyer in Texas?
No, employees cannot waive their right to overtime compensation through any private agreement or employment contract, as such waivers are unenforceable under the FLSA. An Unpaid Overtime Lawyer Texas from Bustos Law Firm, P.C. protects these non-waivable rights and helps recover unpaid overtime even if you previously agreed to different terms with your employer.
What is the deadline to file an unpaid overtime claim with help from an Unpaid Overtime Lawyer New Mexico?
Employees generally have up to two years to file unpaid overtime claims under the FLSA from when the overtime was owed, or three years for willful violations. New Mexico’s Minimum Wage Act provides similar timelines for state claims. An Unpaid Overtime Lawyer New Mexico from Bustos Law Firm, P.C. evaluates your case to determine the applicable deadlines and files promptly to preserve your right to recover unpaid wages or take legal action. Filing with the federal Department of Labor may also be an option, and timing matters.
Why should I contact Bustos Law Firm, P.C. as my Unpaid Overtime Lawyer in Texas and New Mexico?
Bustos Law Firm, P.C. offers experienced, proactive representation focused on wage-and-hour law and unpaid overtime claims under the FLSA and state laws in Texas and New Mexico, rather than the broader work many employment lawyers handle. As your Unpaid Overtime Lawyer, the firm provides free, confidential consultations so you can speak with experienced attorneys from the legal team about your specific overtime rights and pursue the full and fair overtime pay you earned without navigating complex wage claims alone.
