Meet Our Unpaid Overtime Attorneys

Overtime pay is additional compensation required by law when a non-exempt employee works more than a certain number of hours in a workweek, typically over 40 hours. Under the Fair Labor Standards Act (FLSA), overtime pay must be at least 1.5 times your regular hourly rate for every hour worked beyond 40.

For instance, if you make $20/hour and work 45 hours in a week:

• Regular pay = 40 x $20 = $800
• Overtime pay = 5 x $30 (1.5 x $20) = $150
• Total pay = $950

For qualifying jobs, if you work over 40 hours, you must be paid overtime wages for the overtime hours worked. Some states have more generous overtime laws, including daily overtime (like California, which requires overtime pay after 8 hours in a single day).

In today's evolving work environment, wage theft has become a pressing issue affecting various sectors and as work structures change, so do the methods by which employers may unlawfully withhold compensation. 

Common remote work wage violations can include:

Unpaid After-Hours Work

The shift to remote work has blurred the lines between professional and personal time. Employees often find themselves responding to emails, attending virtual meetings, or completing tasks outside standard working hours without additional pay. Such practices can lead to violations of the Fair Labor Standards Act (FLSA), which mandates overtime pay for hours worked beyond 40 in a workweek.

Time-Tracking Challenges

Accurately tracking work hours in a remote setting poses significant challenges. Without proper systems in place, employers may inadvertently or deliberately underreport hours, leading to unpaid wages. Implementing reliable time-tracking tools and clear policies is essential to ensure compliance and fair compensation.

If you suspect wage theft, you can document it and gather evidence to support a claim.

• Maintain Detailed Records: Keep track of all work hours, including start and end times, breaks, and overtime.
• Save Correspondence: Keep emails, messages, and any communication that assigns tasks or discusses work hours.
• Collect Pay Stubs: Regularly review and store pay statements to identify discrepancies.
• Use Time-Tracking Tools: Utilize apps or software that accurately record work hours.

Employers may excuse bad behavior with commonly used justifications, but the law is the law. You have rights, regardless of what they may say.

"You're salaried, so you're exempt."

Being salaried doesn't automatically exempt an employee from overtime pay. Exempt status depends on BOTH job duties and salary thresholds.

 

"We round your hours as per company policy."

While rounding is permissible, it must be neutral and not consistently disadvantage the employee.

 

"You're an independent contractor."

Misclassification can be challenged if the nature of the work aligns more with that of an employee.

If your employer is coming up with excuses instead of the money you’re owed, contact Morgan & Morgan to evaluate your case.

Yes, there are strong legal protections for whistleblowers, especially those who report wage theft violations. These protections exist at both the federal and state levels to prevent retaliation from employers.

Fair Labor Standards Act (FLSA)

The FLSA prohibits retaliation against employees who file complaints about wage violations, including unpaid overtime or minimum wage. This covers both formal complaints to government agencies and informal complaints made to an employer.

 

Occupational Safety and Health Act (OSHA)

OSHA protects workers who report unsafe work conditions or labor violations, and it enforces over 20 federal whistleblower statutes, including some related to wage issues.

 

State Whistleblower Acts 

Several states have state laws which protect whistleblowers from retaliation for complaining about illegal activity, such as wage theft, from occurring.  

 

What to Do If You're Retaliated Against

• Document Everything: Save emails, messages, and HR communications.
• Contact Morgan & Morgan: A labor attorney can help protect your rights and potentially file a lawsuit for damages.

Time theft occurs when employers manipulate time records to reduce payable hours. Common practices include:

• Off-the-Clock work: Employers make employees work off-the-clock or change time records to pay employees less hours than they actually worked.
• Misclassification: Employers may misclassify workers as Exempt from overtime pay or misclassify them as Independent Contractors in order to improperly avoid paying overtime wages.
• Rounding Down: Consistently rounding clock-in or clock-out times to the employee's detriment.
• Unpaid Pre/Post-Shift Work: Requiring tasks before clocking in or after clocking out without compensation.
• Automatic Break Deductions: Subtracting break times regardless of whether the break was taken.

Such practices violate the FLSA and can lead to legal consequences for employers.

Yes, but with caution and preparation. Talking to Human Resources (HR) about suspected wage violations can be an important step, but it’s crucial to protect yourself legally and strategically in case things escalate.

You should talk to HR if:

• You believe your unpaid wages or overtime were an honest mistake.
• You want to give your employer a chance to correct the issue internally.
• You’re documenting your efforts to resolve the matter before pursuing legal action in order to protect yourself.

But beware—HR works for the company, not always for you. If your complaint could expose the company to legal or financial risk, HR may act in the company’s interest, not yours.  Keeping records ensures you can prove you tried to do the right thing before the company retaliated against you.

If your employer asks you not to report overtime, that is a serious red flag. 

First, know that this is illegal. Under the Fair Labor Standards Act (FLSA), employers must pay non-exempt employees for all hours worked, including overtime (usually time-and-a-half for any hours over 40 in a workweek). 

It is illegal for an employer to:

• Tell you not to report overtime.
• Ask you to work “off the clock.”
• Retaliate against you for reporting wage violations.
  
   

What to Do if This Happens

1. Stay Calm and Professional

You don’t have to argue. Instead, document the request and continue to track your hours.

2. Keep Detailed Records

Write down:

• The date and time of the conversation.
• Exactly what your employer said.
• Who was present.
• Any emails, texts, or chats related to the request.
  
   

3. Continue Reporting Your Hours Honestly

Even if they ask you not to. Falsifying your timesheet could be used against you later. Your best defense is telling the truth.

4. Consider Reporting Internally (With Caution)

If you feel safe doing so, you can report the issue to HR. Keep all communications in writing.

5. Consult a Wage & Hour Attorney

An experienced overtime lawyer at Morgan & Morgan can advise you on your legal options, including how to file a formal complaint or a wage theft lawsuit.

Yes, salaried employees can qualify for overtime pay, but it depends on whether they are classified as exempt or non-exempt under federal and state employment laws.

Non-exempt employees can receive overtime pay (1.5x regular rate for hours over 40/week under the FLSA), whether paid hourly or on a salary. This type of employment is common in jobs with limited managerial or independent decision-making responsibilities.

Exempt employees do not receive overtime pay, regardless of hours worked, and must meet three main criteria under the Fair Labor Standards Act (FLSA):

• Salary basis: Paid a fixed salary.
• Salary threshold: Must earn at least $684/week ($35,568/year as of 2020)—some states require more.
• Duties test: Must perform certain executive, administrative, or professional duties (EAP exemptions) as well as various other exemptions under the law.

Being “salaried” doesn’t automatically disqualify you from earning overtime. You still must meet the duties of an exemption test. If your employer is calling you exempt just because you’re salaried, that could be wage theft.

Overtime Rate Miscalculation

Some employers also miscalculate the correct overtime rate for employees.  Sometimes employers only pay “straight time,” just the regular hourly rate earned by workers, for their overtime hours. 

Additionally, some employers do not include all pay into the overtime compensation calculation.  For example, if you are paid a shift differential or some other form of payment in addition to an hourly rate, then your employer should be accounting for such differential in the overtime rate calculation, and should not just pay you at the regular 1.5x of your normal hourly rate.  The additional pay must be included in the calculation, which would make your legal overtime rate higher than the normal 1.5x of your base hourly rate.

Certain industries and specific types of jobs within them are exempt from federal overtime laws under the Fair Labor Standards Act (FLSA). This means employers in these sectors may not be required to pay overtime, even when employees work more than 40 hours per week.

Transportation & Trucking

Long-haul truck drivers, airline employees, railroad workers, and others involved in interstate transportation may be exempt under the Motor Carrier Act Exemption or other federal statutes.

 

Agriculture

Small farms and certain seasonal agricultural workers may be exempt from both minimum wage and overtime requirements.

 

Maritime & Commercial Fishing

Sailors and many employees on fishing vessels are exempt.

 

Broadcasting

Some employees at small-market radio and TV stations are exempt from overtime if they meet certain conditions.

 

Executives, Administrators, and Professionals (White Collar Exemptions)

Salaried employees who pass the duties test and earn over the FLSA threshold (currently $684/week) may be exempt.

 

Live-In Domestic Workers

Workers who live full-time in the home where they work may not qualify for overtime, depending on duties and state laws.

 

Seasonal and Recreational Establishments

Employees of businesses like amusement parks, summer camps, and ski resorts are often exempt if the business operates seasonally.

 

Outside Sales

Employees who regularly work away from their employer’s place of business and are primarily engaged in sales are exempt.

Important note: employers may misclassify employees as exempt to avoid paying overtime. If you're doing the work of a non-exempt employee but have an exempt job title (like “manager”), you may still be legally entitled to overtime pay.

Also, even if the FLSA exempts your industry, state labor laws might still require overtime pay. For example, California and New York have stricter tests and fewer exemptions, and some states don’t recognize the Motor Carrier Act exemption at all.

Yes, rounding clock-in and clock-out times is legal under federal law—but only if it’s done fairly and consistently.

Under the Fair Labor Standards Act (FLSA), employers may round time entries to the nearest 5 minutes, one-tenth (6 minutes), or one-quarter (15 minutes) of an hour. However, this rounding practice must not favor the employer over time.

Rounding is permitted if it averages out over time. That means sometimes the employee benefits, and sometimes the employer does, but overall, no one is unfairly shortchanged.

Employers break the law if they always round down in their favor or if they use rounding to avoid paying overtime.

Even minor daily rounding (like shaving off 6–10 minutes a day) can add up to thousands of dollars per year in stolen wages.

Yes. All workers, regardless of immigration status, are protected under the FLSA.

Wage theft and wage fraud both involve workers being denied the money they’ve rightfully earned, but they differ slightly in intent, scope, and legal classification.

Wage theft is a general term that refers to any situation where an employer fails to pay an employee properly. It can happen unintentionally or intentionally.

Common forms of wage theft can include:

• Not paying overtime
• Paying less than minimum wage
• Forcing employees to work off the clock
• Stealing tips or commissions
• Illegal paycheck deductions
• Misclassifying employees as independent contractors to avoid benefits/overtime

Intent doesn’t always matter. Even if the employer "didn’t know" they were violating wage laws, it can still be considered wage theft.

Wage fraud is a type of wage theft, but one that’s deliberate, deceptive, and sometimes criminal, including:

• Falsifying timecards or payroll records
• Creating fake employee classifications to avoid taxes or overtime
• Lying to workers about their rights
• Doctoring payroll systems to avoid legal requirements

Wage fraud often involves systemic deception and may result in criminal penalties or larger civil lawsuits.

Employers may be notified if a lawsuit is filed, but retaliation for participation is illegal under federal law. You are within your legal rights and have legal protections.

No. If you work a job that involves a clock (hourly pay), then you must be on it. All work performed must be compensated.

Yes, if the travel or waiting is job-related and required by the employer.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.