Overtime Pay Attorney

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.  Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.

The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

The FLSA, with some exceptions, requires bonus payments to be included as part of an employee’s regular rate of pay in computing overtime.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative).  The FLSA does not require extra pay for weekend or night work or double time pay.  It should be noted that there are exceptions to overtime pay for some industries.  This is especially true for Truck Drivers and those in the Trucking industry.

It is illegal to fire, fail to promote or otherwise discriminate against an employee who complains or questions his / her Overtime pay.

When Overtime Must Be Paid

If you have worked over 40 hours in one week, your employer is required to pay you for your overtime hours on your regular payday. However, exceptions can be made in certain circumstances. For example, if you worked additional hours during the last night of a pay period and your boss turned in your hours before finding out that you were working overtime, he or she may get an extension. 

Damages in Overtime Case

If your employer is not paying you the overtime that you deserve, you don’t have to stand for that kind of treatment. You can file a legal claim and obtain the compensation you deserve. Here are types of damages you may be entitled to.

• Unpaid Wages: First and foremost, you may receive compensation for the wages your employer never paid you. If you win your claim, a judge will order your employer to pay you what you are owed, including overtime pay.
• Interest: If you file a claim for unpaid overtime, you may also be entitled to receive interest. The laws in your state will determine the interest rate you will receive for your unpaid wages.

• Penalties: In some states, employers who fail to pay workers the overtime they deserve must pay a penalty. 

• Legal Fees: In order to improve your chance of winning an overtime pay claim, you should have an experienced lawyer on your side. If you win your case, your employer will be required to pay any legal fees you acquired. 

Hiring an Overtime Pay Lawyer in El Paso

If you have not been paid the overtime that is owed to you, your next step is to speak to a skilled employment lawyer experienced in overtime pay matters. He or she can assess your case and determine if you have a good chance of winning your claim. If you have any documents that pertain to your case, such as pay stubs, you should bring them with you to the meeting.

If a lawyer has determined that you have a strong case, he or she will assist you in filing a lawsuit against your employer. Your lawyer will help you gather the evidence you need to prove your case and protect your legal rights. 

Many employment lawyers work on a contingency basis. This means that you do not have to worry about owing your lawyer any money upfront.

Tips For Managing Overtime Pay In Your Business

Managing overtime pay is a responsibility that can have a significant impact on the financial health of your business. When handled properly, it protects your team, avoids legal trouble, and promotes trust. When ignored or mismanaged, it can lead to costly disputes, employee dissatisfaction, and penalties. Our award-winning law firm is committed to supporting employers. We know the importance of getting this part of payroll right.

Know The Rules That Apply To You

Each business is different, and so are the rules that apply based on factors like industry, employee type, and pay structure. We must keep up with federal and state wage laws and know which ones govern how our employees must be paid. The Fair Labor Standards Act (FLSA) is the main federal law that sets overtime requirements, but some states have stricter rules. We should double-check how the laws apply to our business location and employee classifications.

Classify Employees Accurately

Not every employee is entitled to overtime pay, but making that call incorrectly can create serious problems. We need to clearly define whether each team member is exempt or non-exempt under the law. Misclassifying employees as exempt to avoid paying overtime can backfire. It’s our responsibility to look at each job description and compare it with the law’s requirements, not just go by job titles or how we’ve always done it.

Set Clear Expectations With Staff

To avoid confusion or extra hours that were never approved, we should have a straightforward policy about overtime. Communicating when overtime pay is allowed and how it should be recorded helps keep everyone on the same page. Training our team, especially managers and supervisors, to follow and enforce these policies is equally important. If we make the rules clear, it’s easier to follow them and catch problems early.

Track Time Accurately And Consistently

Accurate timekeeping is one of the simplest ways to stay out of trouble. We need a reliable system that records when our employees start and end their shifts, take breaks, and clock out. Whether we use digital tools or more traditional methods, the key is to be consistent. We also need to keep good records in case there are ever questions or disputes about hours worked. This kind of documentation can protect both us and our team.

Audit And Adjust Regularly

As our business grows, it’s a good idea to review how we’re handling overtime pay. Are our policies still working? Are employees logging time the right way? Are job roles changing in ways that affect exemption status? By looking at these things regularly, we can fix small issues before they grow into bigger problems. It also helps us stay current with any legal updates that may affect how we do payroll.

Let’s Protect Your Business Together

Managing overtime pay is more than just checking a box, it’s about keeping our business strong and our team treated fairly. At Davie & Valdez P.C., we help business owners build smart policies and avoid legal risks that come with wage violations. If you’re unsure whether your current practices are solid, we’d be glad to review them with you during a free consultation. With over fifty years of combined experience, our team wants to support and protect your business.