Our Attorneys Handle Wage & Hour Lawsuits

No matter how you make your living, you deserve to be paid for the time you work. But many employees aren’t being paid their fair share under the law. Whether a company is withholding overtime to bolster profits or their policies misclassify employees who should earn more, Fair Share Lawyers wants to help.

Contact our wage and hour lawyers now for a free case review. There’s no cost or obligation to get started, and you won’t pay anything unless we get money for you. Contact our 24/7 legal staff today—just dial (800) 377-2125 or complete our free online form to get help.

We Protect Workers’ Rights to Fair Pay and Overtime

The Fair Labor Standards Act (FLSA) is a federal law that requires private and government employers to provide minimum wage and overtime pay to full and part-time workers. The FLSA says that eligible workers must receive one and a half times their regular hourly rate for all hours worked over 40 hours during each workweek.

While some employees are exempt from overtime pay under the FLSA many employers intentionally or mistakenly misclassify employees as exempt from overtime. According to the U.S. Department of Labor, an employer must be able to prove an employee’s exemption is legal if it is challenged.

If you’re working more than 40 hours per week and feel you should be eligible for overtime, Fair Share Lawyers is ready to investigate. Contact us now.

Types of Wage & Hour Lawsuits

Our team of attorneys has the knowledge and resources to handle a variety of wage and hour lawsuits, including:

Unpaid Overtime

Unless exempt, you must receive overtime pay at a rate of at least one and a half times your regular rate of pay for every hour worked over 40 in a workweek. If you are not being paid overtime for every hour worked past 40 each week, our lawyers want to talk to you today.

Employee Misclassification

Under the FLSA, certain “executive,” “professional,” and “administrative” roles are exempt from receiving overtime pay, provided the employee receives a salary of no less than $23,600 per year ($455 per week) and meets certain duties tests.

If your employer classifies you as exempt from overtime pay under one of these exemptions, but your job duties don’t match those outlined in the FLSA, or your annual salary is less than $23,600, you may be entitled to overtime pay.

Executive Exemption

An employee must perform all three of the following job duties to be exempt from overtime pay:

  • regularly supervise two or more employees,
  • manage employees as the primary duty of the position,
  • and have input on other employees (hiring, firing, promotions, assignments, etc.).

Professional Exemption

Often requiring advanced degrees or training, professional job roles exempt from overtime pay may include doctors, lawyers, teachers, and clergy. Certain creative professionals, such as actors and musicians, may also be excluded from receiving overtime under the FLSA.

Administrative Exemption

The administrative overtime exemption is meant to include job roles that require office work involving decision-making necessary to a company’s operations. Clerical workers, such as clerks, bookkeepers, and secretaries, are not included in the administrative exemption.

For your employer to claim one of these three exemptions, you must be paid a guaranteed salary not subject to reduction based either on the quantity or quality of your work. If your employer claims to be paying you a fixed salary, but reserves the right to pay you less for working fewer than expected hours, or reserves the right to reduce your pay based on cash shortages or property loss (due to factors such as theft or customer walk-offs), you may be owed overtime pay for all hours worked over 40 per workweek.

If you believe your employer may be misclassifying your job to avoid paying overtime, contact Fair Share Lawyers now. We know the law, and we’re here to help you get the money you’re owed. Call (800) 377-2125 or complete our free online form to contact our 24/7 team.

Off-the-Clock Work

Under the FLSA, workers are entitled to pay for:

  • necessary, required tasks before or after work, such as changing into safety gear or arranging products before a store opens
  • training required by your employer
  • travel time necessary to do your job
  • waiting or “on-call” time away from home during the workday

Determining your rights to compensation under the FLSA depends on your specific situation and your state’s labor laws. Contact Fair Share Lawyers for a free case review to get the help you need today.

Tipping Violations

Federal law allows employers to pay regularly tipped employees less than the federal hourly minimum wage ($7.25 per hour) if their hourly wage and tips meet or exceed minimum wage. If tips and wages combine to less than minimum wage, employers must make up the difference.

Even when a worker’s tips alone total more than $7.25 per hour during a pay period, he or she is entitled to the federal required cash wage, which is currently $2.13 per hour. Some states entitle tipped workers to higher minimum pay than required by federal law, and in those cases, employers must follow state rather than federal law.

Our Wage & Hour Lawyers Want to Help

If you suspect a current or past employer isn’t paying you what you deserve, contact Fair Share Lawyers today. We know state and federal overtime and wage laws, and we’re here to protect your rights. Contact us 24/7 to get started—just dial (800) 377-2125 or complete our free online form to begin your free case review.


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