by: Woodward White 2016-2017
Jennifer Spencer. by: AVVO, Inc. 2015-2017
by: Woodward White
by: Thompson Reuters2009-2017
by: Woodward White
by: Wall Street Journal
You earned your wages and overtime through your hard work. Let us help you get them. If your employer has deprived you of all the wages you earned, we can help you. In an effort to increase their profit, employers may fail to pay you in accordance with the law. Employees are not always aware of all of their rights under the Fair Labor Standards Act (FLSA). Some workers believe they are not entitled to overtime pay because they are paid a salary or are considered independent contractors by their employers. Other employees regularly work “off the clock” without pay, including before or after a shift or during unpaid meal periods, without realizing that these are hours for which they are entitled to compensation. Employees may not realize their rights have been violated or may not know what they can do about these violations.
The wage and overtime FLSA claim attorneys at Spencer Scott pllc are committed to protecting employees’ right to fair pay for their work. We represent plaintiffs who have suffered lost wages and benefits due to their employers’ violations of state and federal wage and hour laws. We are passionate about providing aggressive and dedicated representation. Our track record is a result of over 60 years of combined experience and our passion for winning and serving our clients at the highest level of service. With a named Super Lawyer (Reuters) every year since 2009, and awards of Best Lawyers in America (Woodward White, Inc.) for 2015 and 2016, Top Attorneys in Texas (Texas Monthly), and a Top Tier Firm by U.S. News & World Reports, Spencer Scott pllc has the resources and experience necessary to ensure your rights are protected.
The Fair Labor Standards Act (FLSA) was landmark legislation, enacted in 1938 to protect the principle of fair pay for honest employment. It is the federal law that governs payment of the minimum wage and payments for overtime. The FLSA requires that most employees be paid time-and-a-half for all hours worked over 40 hours in a work week, which is a defined 7-day period. Ways that this law have been violated in the past include:
Common Overtime Violators
Common overtime violators include:
Protection from Retaliation – Can I get fired for complaining about unpaid overtime?
That’s a fair and commonly-asked question. The FLSA protects workers who demand fair payment for overtime by imposing both criminal and civil penalties on employers who retaliate against them. This protection is important because of the fear an employer can impose on an employee who cannot afford to lose his or her job, yet is not getting paid overtime required by law. Employees are protected not just for formal complaints made in court or to the Department of Labor, but also to some informal complaints made directly to employers. Illegal retaliation is not limited to just being fired, though. An employer also cannot retaliate by demoting the employee, reducing his or her hours, shifts, or duties, giving false poor performance ratings, or “blackballing” an employee to unfairly prevent future employment opportunities.
Your Rights to Obtain Unpaid Wages and Overtime Under the FLSA
The FLSA allows employees to sue their employers for all wages and overtime that were not correctly paid for the previous two years, or for the previous three years if the court determines the employer violated the law willfully. Employees who win their cases can be awarded a payment of up to double the amount of their unpaid wages and overtime, plus their attorney’s fees and court costs.