Unpaid Overtime & Wage Claim Lawyer in Fort Bend County
You Are Entitled to the Wages You Have Earned in Katy & Surrounding Areas
Is your employer not paying you the overtime you are owed? Are you not being paid all of the wages you worked hard to earn? Have you been misclassified as an independent contractor, or has your employer illegally withheld wages from you? If so, you may need an attorney to help collect all of the wages and damages you deserve.
The Katy overtime attorney at the Law Office of Shane McClelland helps employees recover the unpaid overtime and minimum wages they worked hard to earn. We hold employers accountable for violating state and federal wage and hour laws. Wage theft must come to an end – and we are here to walk with you every step of the way to help make that happen.
For a free wage claim evaluation, call us at (713) 242-1302 or contact us online today.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime pay when non-exempt employees work more than 40 hours in a workweek. The FLSA is a federal law that protects an employee’s right to receive minimum wage and overtime pay.
Unpaid Overtime Lawsuits
All non-exempt employees who work more than 40 hours in a workweek should receive overtime pay. Employees who are entitled to overtime must be paid one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.
Employees may be able to look back three years to recover their unpaid wages and liquidated damages (double your wages) from their employer. You should contact an experienced wage and hour attorney soon to evaluate if you have a case because the longer you wait, the more potential wages you lose.
To determine if you have a wage claim, ask yourself:
- Does your boss require you to work “off-the-clock?”
- Does your boss require you to work through your lunch break?
- Does your boss require you to show up to work before your shift, but not allow you to clock in?
- Does your boss require you to attend before or after shift training but not pay you to attend?
- Does your boss require you to attend off-the-clock computer training or other off-the-clock meetings?
- Does your boss require you to work from home while being off-the-clock?
- Does your boss require you to put on and take off safety equipment before and after your shift but not pay you for that time?
“Off-the-clock” time adds up, and your employer should pay you for all the time that you work. Plus, all of that “off-the-clock” time may put you over 40 hours per workweek, entitling you to overtime pay.
Misclassified as Independent Contractor
Just because your employer tells you that you are an independent contractor does not necessarily make it true. Sometimes employers misclassify employees as independent contractors to avoid paying overtime and taxes and other expenses. Courts look at the economic realities of your work situation to decide if you are an employee or an independent contractor.
For example, how much control does your employer exercise over you? If you are economically dependent upon your employer, then you might have been misclassified as an independent contractor. There are many factors that the courts consider when deciding whether an individual is an independent contractor or employee. Let us evaluate your situation to determine if you have an overtime misclassification case.
“Shane's level & his team’s level of care for me were second to none.” - Adam D.
“Shane helped us in an injury case against a big box company.” - Randy Sergent SR, US Army Master Sergeant
“Attorney Shane McClelland took plenty of time to explain all my options.” - Mike H.