Get Our Newsletter!
Submit your e-mail:

EXPERIENCED                      SMART                     EFFECTIVE

Is your employer stealing from you?

If you stole money from your employer, what do you think would happen to you?  You would probably be fired, you might go to jail, you could even be sued!  But what if your employer stole from you?  What if your employer was supposed to pay you money but instead pocketed the money you were owed.

Every year, whether deliberately or inadvertently, employers take millions of dollars from hard working employees by not paying required overtime.  In 1938, the United States passed the Fair Labor Standards Act (FLSA).  This law requires that all employees be paid overtime unless they fall under a narrow exception.  Overtime pay is pay at 1.5 times the regular hourly rate of pay.  You may be one of thousands of Americans who are owed hundreds – maybe even thousands – of dollars in unpaid overtime.

So what would you do if your employer stole from you?  I hope that you will consider contacting my law office.  I have represented thousands of workers who have been denied their rightful pay under the FLSA.

How do employers fail to pay overtime?

The Salary Myth

Some employers tell their employees that they are a “salaried” employee and therefore not entitled to overtime.  In fact, the law determines whether a worker can be “salaried” or must be paid hourly.  The FLSA says that only a few types of employees can be paid on a “salaried” basis.  There is a good chance that an employee’s job does not qualify as a “salaried” position and that the employee is entitled to extra compensation for each hour worked over forty in any given week. 

The Independent Contractor Myth

Some employers tell their employees that they are “independent contractors” and therefore not entitled to overtime. But the FLSA defines “employee” very broadly and chances are good that many workers classified as “independent contractors” are actually employees entitled to extra compensation for each hour they work over forty in a given week. 

Having it Both Ways

Some employers want to pay their employees only for their hours worked – but deny them overtime as if they were salaried.  The FLSA says employers can’t have it both ways.  Workers who are paid by the hour are entitled to overtime almost regardless of their position.  Even highly skilled workers who could be paid on a “salaried” basis become hourly workers when the employer chooses to pay them by the hour.  Even if someone is a highly skilled, highly paid worker, they may still be entitled to overtime if they are paid by the hour.

"Off-the-clock" Time

Some employers don’t pay employees when the employee first starts working.  Time spent waiting for work to start, going through security, in "pre-shift briefings", or suiting up for work can all qualify as paid time. But many employers don’t start tracking time until a person “clocks in” long after they first began giving their employer their time.  Similarly, some employers do not pay for work time between projects – like time spent driving from one job site to another.  Other employers require employees to "clock out" and remain at work to finish up a job, prepare reports, and so on. Still others require employees to work through unpaid meal breaks without compensating them for that time. If you are spending time on behalf of your employer but not getting paid, there is a good chance you are entitled to compensation.

Miscalculating the Regular Rate of pay

Many employers make the mistake of paying overtime as 1.5 times base pay rather than 1.5 times the regular rate of pay. This often arises where an employer gives a bonus for a shift differential, for extra work, or for working inconvenient hours. Overtime is your regular rate of pay multiplied by 1.5.  But what is your "regular rate" of pay?  If you receive bonuses, commissions, or benefits, these may be included in your regular rate of pay.  Similarly, if you receive extra pay for working the night shift (shift differential pay), or as an incentive for improving yourself (educational incentive pay), these extra pays should be included in the "regular rate" of pay. As an example, if you are earning base pay of $10 per hour with a bonus of $40, your regular rate of pay might be $11 not $10 for overtime purposes. This would be the difference between an overtime pay rate for each hour of overtime worked of $16.50 per hour instead of $15.00 per hour.

What are employees entitled to?

Most employees are entitled to overtime pay for each hour worked over forty in a given work week.  If an employer breaks the law, the penalty can be quite severe.  Overtime pay is pay at 1.5 times the regular hourly rate for each hour worked over forty.  An employee can recover lost overtime pay going back a full two years.  If the employer’s actions are willful, then the employee can recover lost overtime pay going back a full three years.  Plus, the FLSA will double the amount owed as a penalty. This is called liquidated damages. And, the employee's attorney also may be entitled to an award of attorney's fees.

All of these damages can add up to a great deal of money.  Even if the amount of unpaid overtime is just $10 per week, a full time employee could be entitled to receive up to $3,120  plus attorneys fees and costs of the lawsuit.  Of course, many employees who are denied overtime are owed much more. For example, an employee making $40,000 who works just 50 hours a week for three years could receive nearly $11,000 in unpaid overtime plus attorneys fees and costs.

Of course these are just examples.  Each case is different and recovery, if any, will depend on the facts of the case.  If you would like us to consider your matter, please click the button below!         

Overtime pay lawyer David L. Kern is Board Certified Specialist in Labor & Employment Law.  Overtime pay lawyer David L. Kern has practiced labor and employment law for more than 20 years and received certification from the Texas Board of Legal Specialization in 1993 as a Board Certified Labor and Employment Law specialist.  Less than 1% of Texas attorneys receive this certification.  Mr. Kern's fellow lawyers have recognized him as one of The Best Lawyer's In America (2005,2006, and 2007 Editions) and as a Texas Super Lawyer (2006). Overtime pay lawyer David L. Kern routinely handles overtime cases and other employment law cases in state and federal court.  Overtime pay lawyer David L. Kern is also experienced with proceedings involving the Equal Employment Opportunity Commission, the Department of Labor, and the Texas Workforce Commission.

The principle office of David L. Kern, P.C. is located in El Paso, Texas.  In addition to employees in El Paso, overtime pay lawyer David L. Kern also represents employees nationwide in overtime pay cases.

Because e-mail is not completely secure, you may wish to contact my office by mail or by phone.  Most potential clients contact us by transmitting an Overtime Claim Form via the internet.  If you prefer, you may print the Overtime Claim Form and mail it to us or fax the Overtime Claim Form to us at (915) 242-0000.  Submission of the Overtime Claim Form, use of this website, or other contact with Kern Law Firm PC or overtime pay lawyer David L. Kern does not create an attorney-client relationship.  Such a relationship can only be created by a written agreement signed by the client and by overtime pay lawyer David L. Kern.

David L. Kern is the attorney responsible for this website.