DALLAS | FORT WORTH

Overtime Lawyer Fighting for Every Dollar You’ve Earned

You worked extra hours, you deserve extra pay.

bartender works overtime to pour cocktail for customer

OVERWORKED AND UNDERPAID

You’re working your tail off: 40+ hours a week, almost every week.

You’ve poured all your time and energy into your job. It’s forced you to miss milestones with your little ones, and even a few family events. Sacrifices you’re sometimes willing to make as long as you get paid in full and on time.

But you’re not getting paid.

When payday rolls around, your paycheck is short. Really short. Like, you don’t have enough to cover the rent short. And it’s not the first time either. Since you started, your employer has shortchanged you one way or another. It may have seemed small at first, but over time it has all added up.

Deep down, you know this isn’t some “glitch” in the payroll system, or one of the countless other excuses you’ve been fed. It’s wage theft.

MAKE NO MISTAKE

Unless you fight back, your boss will probably get away with it–again.

The unsettling truth is that companies have little incentive to follow the law. Even though wage theft is a crime in Texas, it’s not treated like one. Think about it. Have you ever seen a boss handcuffed and thrown in jail for pocketing an employee’s pay?

Yeah, me neither.

Making matters worse, the labor boards don’t crack down on wage thieves either. It’s not that they don’t want to help. They can’t. With just 37 wage theft investigators for the entire state, the Texas Workforce Commission can’t help everyone.

So standing up for your unpaid overtime falls to you. Easier said than done. Demanding your pay can feel intimidating and risky, especially when you’re worried you’ll lose your job or have your hours cut.

But you don’t have to fight alone.

GET HELP NOW

THE RIGHT OVERTIME LAWYER CAN HELP YOU FIGHT FOR 2X YOUR UNPAID WAGES

Hi, I'm Brittaney.

I’m an unpaid wages and overtime lawyer who helps Texans take back their paychecks—without risking their jobs.

I’ll admit, I wasn’t always on this side. I started my career on the defense side. For about a decade, I helped employers land on “Best Places to Work” lists and deliver industry-leading pay and benefits to employees. I learned just about everything there is to know about wage and hour law.

But I also learned that too many employers prefer to game the system.

Some knew they weren’t paying their employees in full. Even though they had the money and resources to do the right thing, they still chose not to. That just didn’t sit right with me. So I switched sides, and founded Davis Employment Law.

Today, I use the insider knowledge I learned from the other side to help essential workers, just like you, fight back and win the maximum recovery.

GET A FREE CONSULTATION TODAY

Trusted by essential employees

Hear from hardworking people I’ve helped get justice and get paid.

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Your expertise cannot be matched. I just wanted to let you know how much I really appreciate it.
L.B.G.Salaried Employee at an International Airline

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Thank you for being my legal superhero. I appreciate you!
P.D.Salaried Employee for a Hospitality Company

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You are a labor arbitration POWER HOUSE!
J.S.Salaried Employee at a Travel Company

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You never made me feel like I am bugging you. In fact, I always felt as if I'm the only customer you have! Thanks very much for your approach, guidance, and support.
J.P.Hourly Employee at a Logistics Company

HOW EMPLOYERS CHEAT

Common Overtime Violations

If it feels like you’re working more hours for less money than your parents did, it’s because you probably are. Wages haven’t risen with the cost of everything else. To add insult to injury, employers stiff workers out of billions in overtime pay every year. Some are brazen; they’ll take money straight out of your paycheck. But more often, wage theft shows up in less obvious ways that are harder to catch.

Off-the-Clock Work

This overtime violation occurs when your supervisor or manager requires you to work without clocking in, but doesn’t pay you for that unrecorded time. It’s illegal for your employer to ask you to work off-the-clock. If you’re doing any work-related task, you should be paid for it. Dishonest employers use several sneaky tricks to pull off this scam, including:

Deducting 30+ minutes off your time sheet for breaks you never took
Manipulating time records to make it look like you worked fewer hours
Requiring you to do any work before you’ve clocked in
Requiring you to continue working after you’ve clocked out
Demanding that you “volunteer”
Failing to pay you for time you spent traveling between jobsites
Answering phone calls or checking emails while you’re on an unpaid lunch break
Insisting that you attend trainings, meetings, briefings, or stage shifts without pay
Performing any work while on an unpaid lactation or breastfeeding break

Straight Time for Overtime

If you’re an hourly or other non-exempt employee, your employer must pay you extra when you work more than 40 hours in a week. That extra pay is called overtime, and it should be paid at 1.5 times your regular pay rate.

Let’s say you earn $10 per hour. For any hours worked over 40, you would earn 1.5 times that hourly rate, or $15 per hour.

But some employers will insist on paying you the same amount of wages no matter how many hours you work. When your employer pays “straight time” for those extra hours, chances are they’re violating federal and Texas overtime laws.

Misclassification

Independent Contractors

Many employers label their workers as “independent contractors” to avoid paying overtime. That’s because only employees are eligible for overtime pay. If a worker is an independent contractor, they’re not eligible for overtime. It doesn’t matter how many extra hours they work. The problem is that many workers are mislabeled as contractors when they really are employees.

Unless you control when, where and how you work, chances are you’re an employee and not an independent contractor. And, if so, you should be paid overtime pay when you work more than 40 hours a week.

Exempt Employees

Employers often avoid paying overtime by misclassifying workers as “exempt.” This happens when your boss says “you don’t get overtime” but the law says you do. You may have been misclassified as exempt if:

You didn’t get overtime before, but do now even though your job hasn’t changed;
You’re a “manager” but you don’t manage anyone; or
You got a “reclassification” letter from your employer.

“Unauthorized ” Overtime & “No Overtime” Policies

Some employers try to get around the wage and hour laws by claiming they don’t pay “unauthorized” overtime. They might delete time from your timesheet, or flat out refuse to pay it. But if you’re non-exempt and worked 40+ hours in a week, the FLSA says you’re owed overtime pay. That’s true even if your employer has a policy against working overtime without permission. As long as they knew or reasonably should have known you were working the extra hours, they have to pay you for them. To not pay you would be breaking federal and Texas overtime laws.

Salaried Overtime

Many employers evade paying overtime by tricking you into believing that can’t get overtime just because you’re paid a salary. That’s a lie. To be exempt from (or ineligible for) overtime under federal and Texas overtime laws, you must meet two requirements. These requirements are the salary test and the duties test. If your salary is at least $684 per week, you meet the salary requirements. But that’s only one half of the tests. You also have to perform certain exempt duties. If you don’t perform exempt duties, you’re probably owed overtime pay.

STEP ONE:

Get a Free Case Evaluation.

Tell me your story. I’ll determine if you have a viable case, and suggest the best approach to pursue it.

STEP TWO:

Retain Counsel With No Upfront Costs.

After a thorough consultation, I become your wage theft lawyer. From start to finish, we’ll work together building the strongest possible case.

STEP THREE:

Finally, Get the Pay & Justice You Deserve.

Together, we’ll hold your employer accountable and secure the compensation you’re owed, so you can get back on your feet.

FAQs

Your overtime questions, answered.

It’s common to have questions about working with an overtime lawyer, so I’ve put together a list of the most popular ones I’m asked.

What is overtime?

Overtime (or “OT”) is extra pay some employees earn when they work more than 40 hours in a week.

How much is overtime pay?

In Texas, overtime pay is 1.5 times your regular pay rate. For example, let’s say your regular pay rate is $20 an hour. That means your overtime pay rate would be $30/hour. Why? Because $30 is equal to 1.5 times your regular pay rate.

If you work 50 hours in a week, you worked 10 hours of overtime pay. Those 10 hours should be paid at $30 per hour. So your paycheck should include an additional $300 for that week. It would be illegal to pay you any less.

Who is eligible for overtime pay in Texas?

Not everyone gets overtime. In Texas, only “non-exempt” employees are owed overtime pay when they work 40+ hours in a week. If your job is exempt from overtime pay, your employer may pay it, but they’re not required to do so. But who is exempt from overtime depends on the kind of work they do. If the kind of work you do is “exempted” from overtime, then you’re not entitled to receive it.

It’s not always easy to figure out if your work is exempt. An overtime lawyer can help determine your job’s correct status. If you’re not ready to talk to one yet, the Department of Labor has created a long (but incomplete) list of common exemptions to help too.

How do I calculate overtime?

If you’re paid by the hour, calculating overtime should be pretty straightforward.

Your Hourly rate x 1.5 = Overtime Rate

If you’re paid a salary, there are 2 steps to the calculation. First, determine your regular pay rate by dividing your weekly salary by the hours it’s supposed to cover. For most employees, that’s 40 hours.

Weekly salary amount ÷ 40 = Regular Pay Rate

Then you take that number (i.e., your regular pay rate) and multiply it by 1.5 to get your overtime rate.

Your regular pay rate x 1.5 = Overtime Rate

Can I be fired for speaking up about unpaid overtime?

Not legally. It’s illegal for your employer to fire you, cut your hours, or retaliate against you in any way. If your employer tries to retaliate against you, an overtime lawyer can protect you. Once overtime lawyers are involved, employers avoid taking any retaliatory action. Most know that they’ll be sued for that too.

If you’ve been fired or experienced retaliation, you may sue for relief, including reinstatement to your old job, payment of lost wages, and other damages.

Can I sue for not getting paid overtime?

Yes. If your employer has failed to pay you legally required overtime, you can sue to recover what you’re owed. A qualified overtime lawyer can assess your case, gather evidence, and file a claim on your behalf. If you win your lawsuit, you recover up to double what you’re owed and more. To see if you have a case, book your free consultation.

Why do I need an overtime lawyer?

Truth is, you don’t need an overtime lawyer to pursue your unpaid wages. You hire an overtime lawyer when you:

don’t fully understand the wage and hour laws or how to enforce them,
don’t want to deal with the red tape at the Department of Labor or Texas Workforce Commission just to get a portion your money back
can’t afford to miss work to attend hearings and court appearances
want the same person handling your case from start to finish; and
want your money back sooner rather than later.

How long does it take to resolve an unpaid overtime case?

Every case is different. Many cases can resolve without filing a lawsuit. Those cases tend to wrap up as quickly as a few months. If a lawsuit is required, it could take a year or more before a judge or jury decides the case.

When should I contact an overtime lawyer?

Contact an overtime lawyer as soon as you notice that you’ve been underpaid. The sooner you reach out, the sooner you can recover your unpaid wages. If you wait too late, you may not be able to do anything about your unpaid overtime. That’s because there are strict deadlines that limit the time you have to take legal action. Those deadlines vary, but could be as short as 180 days from the date you were underpaid.

What damages can I recover for unpaid overtime?

When you win your case, an overtime lawyer can help you recover back pay, court costs, and attorney’s fees. Your recovery of back pay damages could be doubled if your employer knew the law but chose to disregard it.

GOT MORE QUESTIONS?

"I’m here to help. I’m committed to helping you understand your work rights."

Managing Attorney, Brittaney N. Davis