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Overtime & Unpaid Wages



Helping Workers Recover Overtime & Unpaid Wages

Have you been denied overtime by your employer? Has your employer refused to pay you all of the wages that you are owed? Our team of lawyers at The Burton Firm can assist you in understanding your rights.

Typically, overtime laws (e.g. The Fair Labor Standards Act or FLSA) require that an employer pay their employees one and one-half times (1.5x) their regular rate of pay for all time worked in excess of forty (40) hours per week. Our legal team will evaluate your case to determine your eligibility for overtime and the value of your potential claim.

Our attorneys have years of experience in employment law and representing employees. We have represented employees against various employers. We are familiar with cases involving:

  • Servers and wait staff;

  • Tipped employees and bartenders;

  • Chefs;

  • Barbers and hair-stylists;

  • Truck drivers;

  • Tip-pools;

  • Restaurant and bars;

  • Hotels;

  • Barbershops and salons;

  • Hourly employees;

  • Salaried employees;

  • Part-time employees;

  • Full-time employees;

  • Misclassified contractors; and,

  • Misclassified managers

Often times, navigating overtime claims and legal matters associated with such cases can be confusing. However, our team of legal professionals can assist you in answering many common questions that employees have, such as:

  • Am I entitled to overtime?

  • Am I exempt from overtime?

  • What to do if my employer will not pay me overtime?

  • Can I get overtime if I am a salaried employee?

  • Have I been misclassified as an independent contractor?

  • Have I been misclassified as a manager?

  • Can I get overtime if I work on commission?

  • Do tips count toward overtime pay?

  • What to do if my company will not provide me time records or paystubs?

  • Am I supposed to be paid for meetings and/or trainings?

  • Can I recover my loss of income?

  • Am I supposed to be paid for on-call time?

  • Do I have to clock out for lunch if my boss makes me work while eating?

  • Is my travel time between job sites compensable?

  • What are the exceptions to overtime pay?

  • Am I entitled to any other benefits as a result of the global pandemic of COVID-19, commonly referred to as Coronavirus?

Additionally, our lawyers can help you better understand the following matters related to your case:

  • The nature of an overtime and unpaid lawsuit;

  • The purpose of a summons and a process server;

  • Who you should consider suing for your wages;

  • The court process in general;

  • The timelines involved in overtime and unpaid cases;

  • The types of damages that may be available to you;

  • The value of your claim;

  • Depositions;

  • The discovery process; and,

  • Settlement potential

Additionally, our legal team can provide you with a full understanding of your rights and responsibilities so you do not have to face this difficult and confusing process alone.

You may be entitled to overtime if you work more than 40 hours per week. In fact, you may be entitled to overtime even if you are paid a salary.

If you or a family member have been denied overtime at a rate of "time and a half"; for all overtime hours work, or if you or a family member have been shorted pay even for time less than 40 hours per week, the lawyers at The Burton Firm may be able to help.

Please call The Burton Firm for a free consultation. Our legal team will evaluate your case and inform you of your legal rights and available options.

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