Get Back the Wages You've Earned
We help workers recover unpaid overtime across the U.S.
Or call (512) 799-2048
If your employer has not paid you the overtime you earned, federal law gives you a way to recover it. I am Doug Welmaker. I represent workers across the United States in unpaid overtime cases under the Fair Labor Standards Act. The first conversation is free, and if there is no recovery, you pay nothing, not even the costs.
What I Do
I'm Doug Welmaker. I'm a Texas-based attorney, and for the past fifteen years my entire practice has been one thing: helping workers recover overtime pay their employers should have paid in the first place.
Not personal injury. Not divorces. Not the broader run of employment matters like discrimination or retaliation outside the wage context. Wage theft is the work, and the focus is the point. When you spend every day inside one statute and one body of case law, you start to see things that generalists miss.
I represent workers nationwide. The Fair Labor Standards Act is a federal law, and the analysis is the same in every state. I file in federal courts where the cases are. More about me →
Industries I Represent
Workers in these industries are routinely denied overtime. If this is your field, you may have a claim.
Oil Field Workers
Day rates, 84-hour weeks, 1099 misclassification.
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Healthcare Workers
Auto-lunch deductions, off-the-clock charting, home health travel time.
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Construction Workers
Day rate pay, IC misclassification, unpaid OT on 60+ hour weeks.
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Truck Drivers
Motor carrier exemption fights, small-vehicle exception.
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Food Service & Tipped Workers
Tip theft, illegal pools, side work, off-the-clock prep.
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Misclassified Managers
Title says manager, duties say cashier. The duties test controls.
Learn more →Safety Managers and EHS Coordinators
Hourly, salaried, and day-rate safety roles in construction, oilfield, and industrial settings. Title doesn't make you exempt.
Learn more →Home Care Workers
PCAs, DSPs, and HCBS workers in DD Waiver, HCS, and CLASS programs. Companionship exemption, sleep time, and travel between clients.
Learn more →Home Health Administrators and Coordinators
Salaried directors, RN case managers, and care coordinators at home health, hospice, and HCBS agencies.
Learn more →Commercial Cleaning Franchisees
Sold a cleaning franchise but worked routes the master assigned at rates the master set. The economic reality controls.
Learn more →What I Handle
Every case I take is an FLSA overtime case. Here are the specific claim types.
Salary/Exempt Misclassification
Title says manager, duties say otherwise. Salaried doesn't mean exempt.
Learn more →Independent Contractor Misclassification
1099 in name only. The label doesn't kill your overtime rights.
Learn more →Misclassified Managers
Title says manager, day-to-day says cashier. The duties test controls.
Learn more →Off-the-Clock Pay
Charting after shift, prep before clock-in, working through lunch. All compensable.
Learn more →Tip Credit Violations
Stolen tips, illegal tip pools, unpaid side work. Tipped workers have rights.
Learn more →Auto Lunch Deductions
Docked thirty minutes for a break you never took.
Learn more →Why Welmaker Law
Focused Exclusively on FLSA Overtime
This is all I do. Every case is an FLSA overtime case. That focus means I know the law, the judges, and the defense playbook. Specialists beat generalists in their lane.
A Decade on the Defense Side
Before I switched to plaintiff's work, I spent ten years defending Fortune 500 employers at firms in Houston. I know how employers think, how they litigate, and where their arguments break down.
Trial-Tested
Most lawyers who advertise themselves as FLSA attorneys have never actually tried one. I have. Trial wins in five federal districts and twenty-two arbitrations in San Juan.
You Hire Me, Not an Associate
I take a small number of cases at a time, on purpose. You'll deal with me directly. There's no junior associate filtering your calls and no client portal sending generic status updates.
Tried and Won. In Federal Court.
Most lawyers who advertise themselves as FLSA attorneys have never tried one. Welmaker Law has trial wins in five federal districts and two arbitration forums.
Recoveries for Workers
I've recovered millions of dollars in unpaid wages and liquidated damages for workers across the United States.
What Workers Ask Me Most
How do I know if I am owed unpaid overtime?+
If you work more than 40 hours in a workweek and you are not paid time and a half for the hours over 40, you may have a claim under the Fair Labor Standards Act. The big exception is whether you are properly classified as exempt. Job title alone does not control. What matters is what you actually do day to day, how you are paid, and whether your duties meet one of the FLSA's exemption tests. If you are not sure, the consultation is free.
My employer says I am a 1099 independent contractor. Am I still entitled to overtime?+
Maybe. The FLSA does not care what label your employer puts on you. It cares whether you are economically dependent on the company. Courts look at things like who controls your schedule, who supplies your equipment, whether you can work for other companies, whether the work requires special skill, and how integrated you are into the business. If those factors line up, you are an employee for FLSA purposes regardless of the 1099, and you are owed overtime.
I am paid a salary. Doesn't that mean I am not entitled to overtime?+
No. Being paid a salary is one piece of the exempt analysis, not the whole thing. To be properly exempt from overtime, you generally have to be paid on a salary basis at or above the federal threshold AND your primary duties have to fit one of the FLSA's exemptions, like executive, administrative, or professional. Most exempt misclassification cases turn on the duties test, not the salary level. If your job is mostly hands-on work and the manager title is in name only, you are probably owed overtime.
How far back can I recover unpaid overtime?+
Two years for ordinary FLSA violations and three years if the employer's violation was willful. The clock runs back from the date you file suit, not from when you first complained. The longer you wait, the more wages drop off the back end. Move quickly.
What does it cost to hire Welmaker Law?+
Nothing up front. The consultation is free. If I take your case, I represent you on a contingency fee, which means I only get paid if I recover money for you. If there is no recovery, you pay nothing, not even the costs.
Client Reviews
“He won our case, and all nurses involved were paid. I would never recommend anyone else!”
“I was amazed at the speediness and, most importantly, his responsiveness throughout the whole thing. Thanks Doug! 10/10.”
Think You May Be Owed Overtime?
The first conversation is free. There's no obligation, and you don't need to bring a stack of documents. Bring whatever you have, and I'll tell you what I think. I work on a contingency fee basis. If there is no recovery, you pay nothing, not even the costs.