Law Offices of Dan A. Atkerson

Unpaid Overtime Attorney

Do you believe you have earned overtime compensation that your employer has not paid?

An unpaid overtime attorney can help you collect what you are owed.

Dan A. Atkerson in Allen, TX, offers free consultations to review your case and recommend the best way forward...

Advising Clients on How Best to Recover Unpaid Overtime Pay

If you are due overtime pay but your employer refuses to compensate you for your time, the Law Offices of Dan A. Atkerson may be able to help. By identifying your proper employee classification, we can determine the amount of unpaid overtime you are due. Our unpaid overtime attorney can pinpoint the evidence you need to resolve the issue with your employer.

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

overtime labor law

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.

Common Forms of Texas Overtime Pay Law Violations

Unpaid Small
Breaks

Texas has wage and hour laws that do not require that small breaks are provided throughout the workday. However, if an employer does offer small breaks, then the employer must pay the employee for them. If they deduct time for small breaks, they may be found in violation of overtime laws.

Working
through Lunch

​Employees often get 30 minutes to an hour for lunch. This is an unpaid break as long as you stop working completely. For example, employees who eat lunch at their desk because they've been asked to answer the phones during their break are working, and the employer must pay for that time.

Working
off the Clock

Occasionally, employers will ask employees to do work “off-the-clock.” However, if the employee is working, the employer must pay the employee. This also includes time spent in training and mandatory meetings. They cannot deduct these
times from an employee’s timesheet.

Employee
Misclassification

Employers may have told workers who hold certain job titles, such as “manager” or “administrator,” they do not qualify for overtime pay due to their job titles. Titles don't affect overtime. However, the rate of salary pay and job duties may disqualify employees from overtime in certain cases.

Hourly
Overtime Pay

​The Fair Labor Standards Act (FLSA) dictates that hourly employees receive time-and-a-half in compensation for overtime hours. However, it is not uncommon for employers to pay the same for overtime that they pay for regular time, an action that is considered a violation of your rights as a worker.

Comp
Time​

Private sector employers are not allowed to offer paid time off for hours worked past the regular 40-hour workweek rather than paying overtime. Only some public sector workers are allowed to substitute comp time for overtime pay, and that time is required to be paid at time-and-a-half rates.

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

TaQuanyia Stallworth

TaQuanyia Stallworth

2019

Dan was the only lawyer who seemed to have time for me and knew that I had a case. He was personable, helpful, and most importantly he knew how to win without setting foot in a court room. The process was fast and he communicated with me through the entire process. I would highly recommend his services if you need a lawyer. View On Google

John Smith

John Smith

2019

Dan handled my case well. He kept in touch with me, gave me solid advice, and followed through without delay on all correspondence and negotiations. He knows the employment law business and has practical sense to resolve cases. View On Google

An Unpaid Overtime Attorney Can Help

Dan A. Atkerson
While some law firms have multiple practice areas, Dan A. Atkerson focuses exclusively on employment law.

We offer free case reviews and work on a contingency basis, meaning we will not collect a fee unless we are able to secure a settlement or jury award on your behalf. You have literally nothing to lose by meeting with Mr. Atkerson to review the details of your case. Our Allen, TX, law firm welcomes clients from throughout Plano, Frisco, and surrounding communities. We have stood up for hundreds of clients in cases of sexual harassment, wrongful termination, and more.

To book your consultation with our lawyer, contact us online, or call:

(214) 383-3606

Schedule a Consultation

Employee Exemptions

Employee exemptions paperwork

Not all employees are entitled to overtime pay under the FLSA. These exemptions include:

  • Executive employees
  • Administrative employees
  • Certain types of seasonal employees
  • Certain types of recreational employees
  • Certain types of sales employees on commission 
  • Salaried professional employees

It is important to understand that if a salaried employee is paid less than $455 per workweek, he or she may be eligible for overtime pay for hours worked beyond the standard 40-hour workweek.

Texas Independent Contract 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, lawyer Dan A. Atkerson can help you.

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.

Compensation

Gavel on Texas flag

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. Dan A. Atkerson is a lawyer who 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.

"An Invaluable Resource."

"Dan Atkerson helped me recently with a sensitive legal matter. He proved to be an invaluable resource. His legal expertise, his professionalism, and the solid results he produced make him the go to attorney in his field of expertise. I would certainly work with Dan again and recommend him to others!" Evan Lopez - 2019

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.

Law Offices of Dan A. Atkerson

Dan A. Atkerson
Attorney Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over 35 years. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

Get In Touch

Rate, Review & Explore

Social Accounts Sprite

Allen Office

1025 Arches Park Dr
Allen, TX 75013

Open Today 9:00am - 6:00pm

More Info Directions (214) 383-3606