Wage & Hour / Unpaid Overtime Lawyers — What They Do & When You Need One

The Fair Labor Standards Act and state laws require minimum wage, overtime after 40 hours for non-exempt workers, and payment for all time worked. Common violations: paying “salary” to workers who should get overtime, calling employees contractors, unpaid prep or travel time, automatic meal deductions and tip pooling with managers. Workers can recover unpaid wages, an equal amount in liquidated damages and attorney’s fees — often as a group.

What a wage and hour lawyer does

Determines whether you are truly exempt or an independent contractor
Reconstructs hours from texts, badge data, schedules and co-worker testimony
Files individual, collective or class actions
Recovers back pay, liquidated damages and fees without cost to you

When you need a wage and hour lawyer

You work over 40 hours and are paid salary or a day rate with no overtime
You are paid as a 1099 contractor but treated like an employee
You work before clocking in, through lunch or answer messages after hours unpaid
Tips are shared with managers or deducted for breakage or walkouts

Questions to ask before you hire a wage and hour lawyer

Am I misclassified, and what would I be owed going back two or three years?
Do you take these cases on contingency?
Can my employer retaliate if I file?
Would this be a class or collective action with co-workers?

Find a wage and hour lawyer near you

Choose your state to see listed firms and the official bar directory for verifying any lawyer’s license.