Overtime Lawyer Allen
Fighting Back When You’re Denied Time-and-a-Half Pay
- Practicing employment law in Texas since 1984
- Known for responsive, one-on-one support
- Free consultations for overtime and wage claims
- Proven success in FLSA, OSHA, and retaliation cases
Advising Clients on Recovering Unpaid Overtime
In this video, Mr. Atkerson breaks down how employers often misclassify workers to avoid paying overtime and what you can do to fight back. If you’ve been denied time-and-a-half pay, you may have more rights than you think.
“Sound and effective guidance” High Praise for Mr. Atkerson
"Dan Atkerson was extremely professional and efficient in helping navigate my case. He gave me sound and effective guidance to get the results needed. Thank you, Dan." - Adnan W., 5-star review
Talk to an Overtime Attorney With Decades of Experience
Mr. Atkerson has personally helped thousands of Texas employees recover the wages they’ve earned, and he’s ready to help you, too. A former editor-in-chief of the Texas Tech Law Review, Mr. Atkerson has been practicing employment law in Texas since 1984. Today, he runs a solo law firm in McKinney where he handles every case personally with a focus on honest guidance, responsive service, and real results.
If your employer has denied you overtime pay, misclassified your role, or retaliated after you raised concerns, you don’t have to face it alone.
- Admitted to all state and federal courts in Texas
- Free consultations and contingency-based representation
While some law firms have multiple practice areas, Dan A. Atkerson focuses exclusively on employment law.
What Is Overtime?
Under the Fair Labor Standards Act (FLSA), the federal law that governs employment law, companies are required to pay 150 percent of an employee’s normal hourly wage for all overtime hours worked. Generally speaking, the time that an hourly employee spends working over 40 hours in a week is considered overtime.
For example, if an employee works 46 hours in a given workweek, the company will owe the employee his or her normal pay plus six hours of overtime pay. Overtime work includes work performed “off the clock," which includes any unauthorized work you may perform. It also includes work performed before or after you clock in. Overtime is defined by the FLSA as “work not requested but suffered or permitted.”
Management generally may not refuse to pay overtime just because the work was not authorized. Companies are required to pay for all overtime hours that they knew or should have known were being worked.
Whether you have worked on a weekend is irrelevant. A workweek is defined as 40 hours in seven consecutive 24-hour periods totaling 168 hours. This holds true whether the workweek runs from Monday through Friday or not.
Exceptions
Not all companies must comply with FLSA overtime labor law. Exempt employers include any company that does less than $500,000 of business a year or has two or fewer employees.
“He kept me informed through the whole process.”
“Dan is an awesome lawyer. He kept me informed through the whole process. I wouldn’t have made it through this ordeal without him thanks to him for all that he does.” - LaShunda B., 5-star review
Why Should I Hire Dan Atkerson?
Lawyer Dan A. Atkerson has spent more than three decades fighting on behalf of workers. Mr. Atkerson began his own law firm in 2001 but has been practicing since he was admitted to the State Bar of Texas in 1984.
Mr. Atkerson is a lawyer who works on a contingency basis and has assisted numerous clients with diverse employment law claims. Mr. Atkerson and his law firm are known among his clients for offering friendly personal service. As his client, you can expect that your best interests are being protected. Mr. Atkerson collects no fees unless and until he achieves a settlement or jury award on your behalf.
Employee Exemptions Not all employees are entitled to overtime pay under the FLSA. These exemptions include:
Texas Independent Contractor Overtime Rights
Employers may attempt to misclassify employees as independent contractors in an attempt to not pay workers the overtime wages or other employee benefits they deserve. If someone you work for has a certain amount of control over the work, then you, as a “contractor,” may in fact qualify as an employee. In this case, the employee can then receive coverage under Texas overtime pay laws. If you are a contractor who believes you may be owed overtime payment, our lawyer can help you.
Compensation
Employees in Texas who have been denied overtime pay that they have lawfully earned may be entitled to “liquidated damages." This means the employee is entitled to collect double the amount of unpaid wages. Furthermore, if you win your claim, you may also be entitled to court costs and attorneys’ fees.
When there is a conflict between the federal law under the FLSA and state law, the law that applies is the law that is most favorable to the employee. Our lawyer can help to make certain that you are paid what you have rightfully earned. While many firms handle a wide variety of practice areas, Mr. Atkerson focuses on employment law issues such as unpaid wages and wrongful termination.
Your Legal Options
If you suspect your employer owes you for unpaid overtime, you may choose to file a lawsuit in court, in which case you should consult with an attorney who specializes in employment law. Alternatively, in Texas, you may choose to file a wage claim with the Texas Workforce Commission (TWC), which handles a variety of violations, including overtime violations.
Unfortunately, Texas employers routinely commit employment law violations, including wage violations, failure to pay bonuses and commissions owed, unauthorized wages deductions such as cost for uniforms, wrongful termination, retaliation, sexual harassment, and more. It’s up to you to protect yourself. Our law firm, serving Plano, Frisco, and surrounding communities, can help.
“An attorney I would recommend to anyone”
“He took the time to answer all of my questions thoroughly and gave me his expert opinion being very unbiased in his responses. I appreciate his honesty and candidness all the while being very professional. Mr. Atkerson is an attorney that I would recommend to anyone who is seeking advice and representation in their matters of employment issues.” - Chris V., 5-star review
