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Overtime Wage Violation

Overtime Cases

All non-exempt employees in the United States are entitled to receive overtime pay under the Fair Labor Standards Act (FLSA). The FLSA requires that employers pay non-exempt employees 1.5 times their usual hourly rate for any hours worked in excess of 40 hours per workweek. Employers will use many ways to avoid paying employees what they are due. These tactics result in the employees being paid significantly less than what they are owed.  The worst part of this is that employees often take time from their families and loved ones to work for an employer who refuses to follow the law and pay overtime wages. 

An employee who is not paid overtime wages has the right to sue their employer to recover what they are owed. The FLSA is so strong that it will protect employees from harassment or retaliation by the employer.  If you are owed overtime wages you need an experienced overtime lawyer on your side.  You need the Law Office of Ryan C. Solis. Give us a call today at (956) 686-9600 and speak to an overtime attorney so we can help you recover what you are entitled to.

Tipped Employees

Any employee who works for tips, including servers, bartenders and valets, must receive at least minimum wage for the hours worked. An employer can pay a tipped employee $2.13 per hour. When tips are accounted for the employee may earn more than minimum wage per hour. However, if after tips the employee receives less than minimum wage, the employer must pay the difference.  If a tipped employee does not minimum wage after receiving tips then he or she can pursue a claim against the employer for the difference.  If you are tipped employee and you are not receiving minimum wage you might have a case your employer.  Give us a call today at 956.686.9600 and speak with an overtime attorney. 

Independent Contractors

Independent contractors are generally exempt from the Fair Labor Standards Act (FLSA) and are thus not entitled to overtime pay. However, a person must be a true independent contractor for this exception to apply. Oftentimes an employer will classify a person as an independent contractor to avoid having to pay overtime wages. There is a test that must be applied to determine whether a person is truly an independent contractor. Some of the factors include the amount of control that the employer has over the worker, whether the employer provides tools and equipment to the worker, and the degree of skill required for the job. If it is determined that the worker is not truly an independent contractor than the employer will be liable for overtime wages. If you are working as an independent contractor and believe that you are entitled to overtime wages, give us a call today at 956.686.9600 and speak with an overtime attorney. 

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