Were You Not Paid the Overtime You Earned? We Can Help

At Bustos Law Firm, P.C., our unpaid overtime lawyers are proactive, solutions-focused advocates for employees. We know how to hold employers accountable for violations of the Fair Labor Standards Act (FLSA). If you were denied full and fair overtime pay, we are here to help. 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

In the United States, overtime pay is largely a federal issue. The Fair Labor Standards Act (FLSA) is the primary law that regulates overtime pay. At Bustos Law Firm, P.C., we have specialized legal expertise in unpaid overtime cases. We help employees protect and assert their rights under the FLSA and any other relevant labor regulations. Here are key points that workers in Texas and New Mexico should know about the FLSA’s overtime requirements: 

  • 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. 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. 
  • 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. 
  • 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. 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. 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)). Though, the law largely mirrors the federal requirements. Our New Mexico overtime lawyer can help you fight for justice and compensation for your damages

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

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, professional help is available. 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 who have had their wage and hour rights violated. Employers simply do not have the unilateral right to decide that you are ineligible for overtime pay. There are important protections under the FLSA. If your rights were violated, we can help. Contact an overtime wage and hour lawyer today for your completely confidential consultation. 

Contact Our Texas and New Mexico Unpaid Overtime Lawyers Today

At Bustos Law Firm, P.C., our unpaid overtime attorney is a solutions-focused, experienced advocate for employees. If you were not paid the full and fair overtime you earned, we are here as a resource you can trust. 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. 

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

Frequently Asked Questions for an Unpaid Overtime Lawyer

Q. What is an Unpaid Overtime Lawyer, and how can a Texas Unpaid Overtime Lawyer help me recover my wages?

A. 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 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.

Q. How does an Unpaid Overtime Lawyer Texas explain the 40-hour workweek rule?

A. 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. 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.

Q. What is included in the regular rate of pay according to an Unpaid Overtime Lawyer in New Mexico?

A. The regular rate of pay for overtime calculations under the FLSA and New Mexico law includes all remuneration for employment, such as hourly wages, non-discretionary bonuses, commissions, and shift differentials. 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.

Q. Can my employer claim I am exempt from overtime, and how does an Unpaid Overtime Lawyer help?

A. Employers bear the burden of proving that an employee meets both the salary basis and specific duties tests for FLSA exemptions. 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.

Q. Does Texas have its own unpaid overtime law, according to a Texas Unpaid Overtime Lawyer?

A. Texas does not have an independent overtime statute and relies on the federal FLSA standards for overtime eligibility and pay. A Texas Unpaid Overtime Lawyer from Bustos Law Firm, P.C. applies these federal rules to help employees recover unpaid overtime wages when employers fail to pay the required 1.5 times the regular rate for hours over 40 per workweek.

Q. How does New Mexico law address unpaid overtime according to an Unpaid Overtime Lawyer in New Mexico?

A. 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.

Q. What counts as “hours worked” for unpaid overtime claims handled by an Unpaid Overtime Lawyer?

A. “Hours worked” includes all time the employer knows or should know the employee is working, 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.

Q. Can I waive my right to overtime pay according to an Unpaid Overtime Lawyer in Texas?

A. 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.

Q. What is the deadline to file an unpaid overtime claim with help from an Unpaid Overtime Lawyer New Mexico?

A. Under the FLSA, the statute of limitations is generally two years from when the overtime was owed, or three years if the employer’s violation was willful. 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.

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

A. Bustos Law Firm, P.C. offers experienced, proactive representation focused on unpaid overtime claims under the FLSA and state laws in Texas and New Mexico. As your Unpaid Overtime Lawyer, the firm provides free, confidential consultations and works diligently to hold employers accountable, helping you recover the full and fair overtime pay you earned without navigating complex wage claims alone. 

Contact Our Texas Unpaid Overtime Attorney Today

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