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.
Employees may be entitled to unpaid overtime in certain cases. Part of that will depend on the employee's proper classification under the law, that is, whether they are properly deemed to be exempt or non-exempt employees under what is called the Fair Labor Standards Act. Where I come in on unpaid overtime cases is to look at what type of job duties the employee has been performing for the employer and whether they are legally exempt or non-exempt from the overtime requirements. And then, depending on that determination and if the employee is eligible for overtime, I consult with the client on how best to recover their unpaid overtime pay. Once we identified the employee's proper classification, we seek to establish the hours worked by the employee for the employer during their work time with the employer to determine the amount of the unpaid overtime and resolve that with the employer. Assuming that they do not fall under exemption under the Fair Labor Standards Act, then we develop the evidence on how much time the employee actually worked for the employer in any given workweek to calculate the unpaid overtime, and that is the proper method of calculation. I've had many cases where employees were not properly classified with respect to their eligibility for unpaid overtime or where the employer otherwise was aware that the employee was working overtime hours but discouraged the employee from reporting their overtime or, otherwise, failed to pay the overtime.