Unpaid Overtime Blog
Expert articles on wage and hour law, employer violations, and worker rights.
Recovering Stolen Overtime: The Federal Law That Gets Your Wages Back
The federal Fair Labor Standards Act gives workers a direct path to recover stolen overtime. Here is how the law works, what you can recover, and how long the process takes.
Read Article →Can My Employer Take My Tips in Texas?
Your tips are yours, not your employer's. Illegal tip pooling, manager participation, and tip retention are serious wage law violations.
Read Article →What to Do When Your Employer Will Not Pay You for Hours You Worked
If your employer is not paying you for hours you worked, federal law gives you the right to recover. Here is a step-by-step guide to documenting the problem and pursuing a claim.
Read Article →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.
Read Article →My Job Title Says Manager But I Don't Really Manage Anyone
A manager title alone does not determine overtime eligibility. The federal exemption requires actual management duties, not just a title change.
Read Article →Wage Theft Is More Common Than People Think
Wage theft is the most common form of theft in the United States by dollar value. Learn how it happens, what the federal overtime law lets you recover, and how to find out if your employer owes you money.
Read Article →1099 Armed Security Officer in Texas? Here's Why That Probably Breaks the Law
Texas Occ. Code §1702 requires licensed security companies to employ armed officers — not classify them as independent contractors. If you received a 1099 for armed security work in Texas, you likely have unpaid overtime claims under the FLSA.
Read Article →Healthcare Worker Overtime Rights in Texas: Federal Wage Law for Nurses, Aides, and Medical Staff
Learn the overtime rights for healthcare workers in Texas. Auto lunch deductions, off-the-clock charting, travel time, companionship exemption, and 8/80 rules explained.
Read Article →Overtime Laws for Oilfield Workers in Texas
Oilfield workers in Texas are entitled to overtime despite misclassification claims. Learn how to identify illegal 1099 status and day-rate violations.
Read Article →Retaliation Protection: Your Rights When You Complain About Unpaid Overtime
Learn about anti-retaliation protections under § 215(a)(3) of the federal overtime law. Employers cannot fire, demote, or retaliate when you complain about unpaid overtime.
Read Article →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.
Read Article →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.
Read Article →Collective Action: How § 216(b) Group Overtime Cases Work and Why You Should Opt In
Learn how federal § 216(b) collective actions differ from class actions. Workers must opt in. Discover what it means and why collective strength matters.
Read Article →Can Employers Average Hours Over Two Weeks to Avoid Paying Overtime? No.
Employers cannot average hours over two weeks to avoid overtime pay. Federal law requires overtime calculated per workweek. The 8/80 healthcare exception is narrow.
Read Article →Employer Failed to Keep Time Records: How Burden-Shifting Helps You Prove Unpaid Overtime
When employers don't keep required time records, the burden shifts to them under Anderson v. Mt. Clemens Pottery. Learn how missing time records help your case.
Read Article →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 federal law.
Read Article →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 overtime violation if you worked through the break. Learn how to prove it.
Read Article →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 federal overtime law. Learn how the economic reality test applies to 1099 workers.
Read Article →Independent Contractor or Employee? The Economic Reality Test Under Federal Overtime Law
Just because you got a 1099 doesn't mean you're an independent contractor under federal overtime law. Learn the economic reality test and when misclassification is illegal.
Read Article →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.
Read Article →How Much Is My Unpaid Overtime Case Worth? A Damages Breakdown
Learn how unpaid overtime damages are calculated: back pay, liquidated damages, attorney fees, statute of limitations, and what your case might be worth.
Read Article →Can I Afford to Sue My Employer for Unpaid Overtime?
You cannot afford not to sue. Representation is on a contingency fee basis. If there is no recovery, you pay nothing, not even the costs.
Read Article →Salaried Workers Can Get Overtime: The Salary Basis Test and Exempt Duties
Being paid a salary doesn't automatically exempt you from overtime. You must meet both the salary basis test and the duties test. Learn what actually makes someone exempt.
Read Article →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.
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