Search our Overtime Pay Laws database to to learn about the overtime laws and minimum wage laws associated with that industry.
The list below is intended to be a resource to determine if you are eligible to file an overtime pay lawsuit based on your industry.
Can I Receive Overtime Pay?
In addition to federal overtime pay laws under the Fair Labor Standards Act (FLSA), many industries have their own separate and distinct overtime and minimum wage laws. Employers who violate these laws are subject to a lawsuit seeking the proper payment of overtime wages.
Overtime employees are those workers who are entitled to receive overtime pay from their employers under the Fair Labor Standards Act (FLSA). This Act is a federal law that requires employers to pay specifically identified workers overtime wages if the employee works more than forty hours per week.
When an employee qualifies for overtime pay, the employer must pay 1.5 times the regular hourly wage. Many salaried employees are also entitled to overtime pay depending on their job and duties.
In certain industries, some workers are almost always determined to be overtime employees. These employees include:
- Most type of “blue collar” workers or other manual laborers who perform work involving repetitive operations with their hands, physical skill and energy (Examples: Carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, construction workers, longshoremen, and laborers)
- Most non-management employees
- Most police officers, state troopers, detectives, paramedics, fire fighters, paramedics, emergency medical technicians and other “first responders.”
- Parole officers, probation officers, and park rangers
- Security guards
- Licensed practical nurses and Registered Nurses (RN)
- Hospital employees
- Paralegals, clerical staff, and secretaries
- Warehouse workers and maintenance personnel
In other cases, there are certain occupations that are “exempt” from minimum wage and overtime requirements. This means that employers are not required to pay these specifically identified workers the minimum or overtime wages. These “exempt” employees include:
- Management employees
- Administrative employees
- Certain restaurant workers, like waitresses
- Outside salesman
- Agricultural workers
- Farm workers
- Taxi drivers
Whether or not a worker is entitled to overtime pay is not determined solely by industry, job title, or classification. The FLSA and individual state laws establish various tests and requirements to determine whether a worker is an overtime employee, that is, entitled to overtime pay for working more than 40 hours in a week.
One employee may be entitled to overtime pay, but another employee in the same industry may not be entitled to those wages. Even two employees at the same company with similar positions and job duties may be treated separately under the FLSA.
Our unpaid overtime lawyers will carefully evaluate your job and your work situation to determine whether you are an overtime employee that is entitled to receive overtime pay.
If your employer owes you overtime wages for work performed, even dating several years back, we can file a claim for you to recover the unpaid wages that you are owed. We will represent you under our No-Fee Promise, which means there are no legal fees or costs unless you receive a settlement.
Can I File An Overtime Wage Lawsuit?
Employees who work more than 40 hours in a workweek and are classified as “non-exempt” under the Fair Labor Standards Act (FLSA) are entitled to overtime pay. If an employer is in violation of the FLSA and fails to pay an employee overtime pay when they are entitled to receive such benefits, an unpaid overtime lawsuit may be filed.
According to statistics, since the height of the recession in 2008, more workers across the United States have been suing employers under the federal and state wage and hour laws. In fact, according to an report published in USA Today, the number of lawsuits filed last year was up 32 percent.
The most common reasons why an employee may be able to file a lawsuit for overtime pay include:
- Being forced to work “off the clock.”
- Jobs being misclassified as “exempt” from overtime requirements.
- Work being handled on personal time due to smartphones and other technology.
- Work hours were averaged over a two week period to avoid paying overtime.
These are just a few reasons why a worker may be able to file an unpaid overtime claim. There are several other numerous reasons and ways an employer may violate the law in order to not pay you overtime wages. You may be getting cheated out of substantial wages by your employer.
If you suspect that your employer is denying you overtime pay, you may be entitled to file a lawsuit. These lawsuits can provide you with significant compensation for your unpaid wages and often include payment of penalties, liquidated damages, interest, and attorney’s fees. Many overtime lawsuits are filed as class action lawsuits by a group of employees against their employer and you can often choose to join that lawsuit or file your own separate claim.
Who is the Best Overtime Pay Laws Lawyer?
If your employer failed to pay you the required overtime pay or minimum wage that is required in your state, you should contact our experienced overtime pay lawyers to discuss your legal rights. You may be able to pursue an unpaid overtime lawsuit to recover the wages owed to you by your employer.
In many states, you can seek payment of back overtime pay for up to three years in the past and then continue to receive your proper wages in the future. Many courts will award you the attorney’s fees and costs as part of your lawsuit settlement.
Our experienced and qualified team of unpaid overtime lawyers will provide you with a Free Consultation on your claim. If we accept your overtime case, we will not charge any legal fees or costs unless we are successful in winning you a settlement. To get started on your case and to determine if you are eligible to file a lawsuit for overtime pay, call our top rated attorneys today at (855) 754-2795.
Your employer cannot retaliate against you for pursuing a wage and hour lawsuit and if they do, there can be additional compensation awarded to you. We will represent you under our No-Fee Promise, which means you pay absolutely nothing unless we win a settlement for you. If we cannot help you, you owe us nothing.