BIRMINGHAM OVERTIME ATTORNEY

Putting in extra hours should mean a bigger paycheck, not stress, confusion, or missing wages. Yet many workers in Birmingham regularly work more than 40 hours a week and still don’t receive the overtime pay they’re legally owed. Whether it’s through misclassification, off-the-clock work, or quiet paycheck deductions, unpaid overtime can add up quickly and place serious strain on a household.

Alabama follows federal overtime rules under the Fair Labor Standards Act (FLSA), which requires many employees to be paid time-and-a-half for hours worked beyond 40 in a workweek. When employers ignore those rules, workers have the right to take action.

Under the FLSA, most non-exempt employees are entitled to overtime pay when they work more than 40 hours in a single workweek. This often includes workers in roles such as:

• Healthcare and caregiving
• Manufacturing and warehouse jobs
• Retail and customer service
• Construction and skilled trades
• Hospitality and food service
• Transportation and delivery

Overtime eligibility is based on what you actually do at work and how you’re paid, not your job title alone. Employers cannot avoid overtime obligations simply by calling a position “exempt” or paying a salary if the job duties don’t meet legal exemption requirements.

Yes. Being paid a salary does not automatically mean you’re exempt from overtime. Many salaried employees in Birmingham are still legally entitled to overtime pay, depending on their job duties and level of authority.

Misclassification is one of the most common wage violations. Employers may incorrectly classify workers as exempt managers or professionals even when their day-to-day work doesn’t meet legal standards. When that happens, unpaid overtime may be recoverable.

Misclassification often occurs when an employee performs mostly routine or manual tasks but is treated as exempt from overtime. If your job involves limited decision-making authority, little supervision of others, or primarily hands-on work, your classification may be improper, even if you’re paid a salary.

Reviewing job duties, pay structure, and employer policies is often necessary to determine whether an overtime exemption truly applies.

If your employer refuses to pay overtime hours, it’s important to start documenting your work time as accurately as possible. Keep records of hours worked, schedules, pay stubs, job duties, and any communications related to pay.

Avoid assuming the issue will correct itself. In many cases, unpaid overtime continues unless challenged, and employers may deny wrongdoing unless held accountable.

In many overtime cases, workers may be able to recover unpaid wages from prior workweeks. How far back recovery can go depends on the circumstances, including whether the employer’s conduct was willful.

Because overtime violations often occur over long periods, the total amount of unpaid wages can be substantial.

Alabama does not have its own separate overtime statute. Instead, overtime protections in Birmingham are governed primarily by federal law under the FLSA. That means federal standards for eligibility, pay rates, and enforcement apply to most overtime claims in Alabama.

Understanding how these federal rules apply to specific jobs and industries is often key to determining whether overtime pay is owed.

For eligible employees, overtime pay is typically calculated at one-and-a-half times the employee’s regular rate of pay for each hour worked over 40 in a workweek. This calculation may include more than just hourly wages, such as certain bonuses or incentive pay.

Errors in overtime calculations are common and may result in underpayment even when some overtime is paid.

Yes. Requiring employees to work off the clock, altering time records, or discouraging overtime reporting can all violate wage and hour laws. When these practices result in unpaid wages, employees may have the right to pursue legal action.

These claims are about more than missing pay; they’re about fairness and accountability in the workplace.

Overtime claims rely on documentation showing hours worked and wages paid. Evidence may include timecards, schedules, emails, pay stubs, job descriptions, and witness testimony from coworkers.

Even when employers fail to keep accurate records, employees can still present evidence to support their claims.

Overtime cases often require careful review of employment records, pay practices, and job duties. Morgan & Morgan works to identify wage violations, calculate unpaid overtime, and pursue recovery through negotiation or litigation when necessary.

Wage and hour cases can be complex, especially when employers dispute classification or deny overtime obligations. Legal advocacy can help level the playing field.

Working long hours without fair compensation isn’t just frustrating; it’s unlawful. When employers withhold overtime pay, workers deserve a path forward.

If you believe you’re owed overtime wages in Birmingham, Morgan & Morgan may be able to help. Contact us for a free case evaluation. There are no upfront costs, and you don’t pay unless compensation is recovered. When employers break wage laws, we fight For The People®.