Unpaid Overtime Attorney

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 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.


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


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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.

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John Smith


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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.

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An Unpaid Overtime Attorney Can Help

We offer 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. Our labor attorney's office in Allen, TX, 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

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

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, our lawyer 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.


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. Our 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.

Dan Atkerson

Law Offices of Dan A. Atkerson

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

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

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

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