Articles on Unpaid Overtime and FLSA Claims
Plain-English answers to the questions workers actually ask.
Do Truck Drivers Get Overtime in Texas?
Many truck drivers are entitled to overtime despite claims otherwise. The motor carrier exemption does not apply to vehicles under 10,000 pounds GVWR.
My Job Title Says Manager But I Don't Really Manage Anyone
A manager title alone does not determine overtime eligibility. The FLSA exemption requires actual management duties, not just a title change.
Retaliation for Overtime Complaints: Your Rights Under the FLSA
Employers cannot legally retaliate against employees for complaining about unpaid overtime or pursuing FLSA claims. Retaliation is illegal and actionable.
Healthcare Worker Overtime in Texas: Charting, Travel Time, and Shifts
Healthcare workers are entitled to overtime for all hours worked, including unpaid charting, travel time between patient visits, and missed breaks. The companionship exemption is narrow.
Day Rate Pay and Overtime in Texas: Why Most Day-Rate Workers Are Owed Time-and-a-Half
Most day-rate workers in Texas oilfield, construction, trucking, healthcare, and security jobs are non-exempt and owed overtime under the FLSA. The Supreme Court confirmed it in Helix Energy v. Hewitt (2023). Learn how day-rate overtime is calculated and what you can recover.
What Is Straight Time for Overtime? Why Paying Your Regular Rate for Hours Over 40 Violates the FLSA
Straight time for overtime is the FLSA violation where an employer pays the same hourly rate for hours over 40 instead of the required time-and-a-half. Learn the six most common patterns, what the law requires, and what you can recover.
Tips Stolen by Employer: Illegal Tip Pools and Wage Violations
Employers cannot keep, pool, or redistribute employees' tips. Illegal tip pooling and manager participation in tip pools are FLSA violations with substantial damages.
Can Employers Average Hours Over Two Weeks to Avoid Paying Overtime? No.
Employers cannot average hours over two weeks to avoid overtime pay. The FLSA requires overtime calculated per workweek. The 8/80 healthcare exception is narrow.
What Is a Collective Action and How Does It Work?
FLSA collective actions let multiple similarly situated employees join a single lawsuit under FLSA § 216(b). They're stronger, cheaper, and faster than individual suits.
My Employer Didn't Keep Time Records: Can I Still Recover Overtime?
Yes. Employers are required to keep accurate time records. If they don't, you can prove hours worked through testimony and circumstantial evidence. The burden shifts to the employer.
Off-the-Clock Work at Home: Answering Emails and Texts After Hours Is Compensable
If you're answering work emails, taking calls, or doing work at home after hours and your employer knows or should know about it, that's compensable time under the FLSA.
It Costs Nothing to Sue for Overtime: Contingency Fees and the FLSA
FLSA lawsuits are handled on contingency. You pay no upfront fees, and if you lose, you pay nothing, not even costs. The law ensures that cost is never a barrier to enforcement.
Automatic Lunch Deductions: When It's Illegal to Deduct Time You Never Had
Your employer deducts 30 minutes for lunch whether you took it or not. That's an FLSA violation if you worked through the break. Learn how to prove it.
1099 Workers and Overtime: The 1099 Form Doesn't Determine Your Status
Your employer gave you a 1099 form, not a W-2. But that doesn't mean you're actually an independent contractor under the FLSA. Learn how the economic reality test applies to 1099 workers.
Oilfield Worker Overtime in Texas: Independent Contractor or Misclassified?
Many oilfield workers are misclassified as independent contractors. The economic reality test determines employment status and eligibility for overtime.
Am I Entitled to Overtime If I'm Salaried?
Being paid a salary does not automatically exempt you from overtime. The FLSA requires two tests: a salary threshold and a duties test. Most salaried workers are entitled to overtime.
How Long Do I Have to File an Unpaid Overtime Claim in Texas?
You have two years to file an overtime claim, or three if the violation was willful. The clock runs until you file, so delays cost you money.
How Much Is My FLSA Overtime Case Worth? A Damages Breakdown
Learn how FLSA overtime damages are calculated: back pay, liquidated damages, attorney fees, statute of limitations, and what your case might be worth.
Independent Contractor or Employee? How the FLSA Determines Your Status
The FLSA uses the economic reality test, not paperwork. A contractor classification is valid only if you control your work, invest in your business, and lack employer dependence.
What Is the FLSA? The Fair Labor Standards Act Explained
The Fair Labor Standards Act (FLSA) is the federal law protecting workers' right to overtime pay and minimum wage. Learn what it covers, who enforces it, and what you're owed.