Wage and Hour Law FAQ

Are certain types of jobs excluded from overtime pay lawsuits?

Yes, certain types of jobs are exempt—or excluded—from Fair Labor Standards Act (FLSA) overtime laws. Some office workers may be considered exempt from overtime pay based on their job duties. However, specific criteria must be proven by employers, and many employees are intentionally or unintentionally misclassified as overtime exempt.

Professionals, like doctors and architects, may be excluded from receiving overtime. And transportation employees in the railroad, airline, truck driving, and taxicab industries could also be exempt from overtime.

If you believe your employer may be misclassifying you as an overtime exempt employee, don’t take your employer’s word for it. Employee misclassification is a widespread issue, and it could be costing you thousands. Contact Fair Share Lawyers to get the experienced help you deserve. The call and case review are free—just dial (800) 377-2125 or complete our free online form.

What counts as work time?

Calculating total time worked isn’t always as simple as clocking in and out. For example, any of the following may qualify as “on-the-clock” time:

  • changing into safety gear necessary to perform your job may count as time worked.
  • remaining “on call” away from home between jobs during your workday.
  • traveling from site to site, during a workday or overnight, to perform your usual job duties.

If you’re not getting paid for all of the time you’re giving to your employer, the wage and hour attorneys at Fair Share Lawyers can review your work situation and help protect your rights to the money you’re owed.

Can I bring a case against a former employer?

Yes, you can bring an overtime claim against a current or former employer. However, federal law generally restricts employees from seeking unpaid wages for longer than the previous three years. Waiting to talk to a wage and hour attorney can put your rights to file an overtime claim at risk.

If you suspect a former employer illegally kept you from overtime pay, the 24/7 team at Fair Share Lawyers can help protect your rights today. Contact us online today.

How much does hiring an overtime pay lawyer cost?

At Fair Share Lawyers, your initial consultation is always free and confidential. We will review your information, answer your questions, and determine if you have a case at no cost to you. And if you choose us to handle your case, you pay us no attorney fees unless we get you the money you’ve earned.

Can my employer punish or fire me for filing an overtime wage claim?

Under the FLSA, any person is protected from retaliation or firing after filing an overtime pay claim against any current or former employer. This protection also applies to employees and employers who are not covered by the FLSA.

Taking the first step and talking to a lawyer doesn’t have to feel scary or intimidating. At Fair Share Lawyers, our free case reviews are 100% confidential, and we want to help you get the information you need. If you believe a current or former employee has not paid you the overtime you have earned, give us a call at (800) 377-2125 anytime.

Certain labor laws in my state are different than federal laws. Which do employers have to follow?

When state and federal labor standards are different, your employer must follow the law that offers you the most protection. For example, if your state’s hourly minimum wage is more generous than the $7.25 federal hourly minimum wage, they must comply with the state law.

How long do I have to file an overtime claim?

Employees are generally only able to file an overtime claim for wages lost over the previous three years leading up to filing. In some cases, the recovery period may only be two years leading up to filing. Don’t wait to get experienced representation—contact our wage and hour lawyers today to help protect your rights to unpaid overtime.


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