Abogados de Overtime & Unpaid Wages

Overtime and Unpaid Wages Lawyers in the United States

Millions of American workers are underpaid every year. The Economic Policy Institute estimates that wage theft costs U.S. workers more than $15 billion annually. An overtime and unpaid wages lawyer fights to recover the money your employer owes you under federal and state law.

What Overtime and Unpaid Wages Law Covers

The Fair Labor Standards Act (FLSA) sets the federal minimum wage and requires employers to pay overtime at 1.5 times a worker's regular rate for hours worked beyond 40 in a week. Many states have their own wage laws that provide even greater protections.

Common violations include misclassifying employees as independent contractors, forcing off-the-clock work, skimming tips, denying meal or rest breaks, and failing to pay final wages after termination. Employers sometimes label workers as exempt employees to avoid overtime obligations, even when the job duties don't qualify for an exemption.

When to Hire an Overtime and Unpaid Wages Lawyer

• Your paycheck consistently falls short of the hours you actually worked
• Your employer requires you to perform tasks before clocking in or after clocking out
• You were classified as a salaried exempt worker but your duties are non-exempt
• Your employer retaliates against you for asking about missing wages
• You were denied overtime pay after working more than 40 hours in a week

How the Process Works

Your lawyer will review pay stubs, time records, and your job duties to identify violations. They may file a complaint with the U.S. Department of Labor or pursue a lawsuit directly in federal or state court.

Many wage cases settle before trial. If other employees face the same violation, your attorney may file a collective action under the FLSA, which groups affected workers into a single claim. These cases typically resolve within 6 to 18 months, depending on complexity and the number of workers involved.

How Compensation Is Calculated

• Back wages — the full amount of unpaid or underpaid wages owed to you
• Liquidated damages — under the FLSA, courts often award an amount equal to your back wages, effectively doubling your recovery
• Interest on unpaid wages from the date they should have been paid
• State law penalties, which in some jurisdictions add waiting-time penalties or triple damages
• Attorney's fees and court costs, which the employer pays separately if you win

Frequently Asked Questions

How far back can I claim unpaid wages?

Under the FLSA, you can recover wages going back two years. If your employer's violation was willful, that window extends to three years. Some state laws allow even longer filing periods, so check your state's statute of limitations.

Can I be fired for filing a wage claim?

No. Federal and state laws prohibit retaliation against workers who file wage complaints. If your employer fires, demotes, or disciplines you for asserting your rights, you may have a separate retaliation claim that carries its own damages.