At Herman Law Group, we’re more than just advocates—we’re your partners in fighting for fair compensation. We understand the frustration and stress that unpaid overtime can bring, and we’re here to guide you.
Our firm is strongly committed to advocating for workers across Rhode Island and Massachusetts and ensuring employers honor their obligations. If you work extra hours without the pay you deserve, we’re ready to help you make things right. Contact us today for a free consultation.
What Counts as Overtime?
Overtime generally includes any work performed beyond 40 hours in a single workweek. Under the Fair Labor Standards Act (FLSA), most employees are entitled to “time and a half” for each hour worked over that limit. This means you should earn 1.5 times your regular hourly rate for every hour of overtime.
If you’re unsure whether your position qualifies for overtime, we can clarify your status and ensure you receive the pay you’ve earned.
Signs You Might Be Owed Unpaid Overtime
Unpaid overtime can be hard to spot, especially if your employer uses complex systems to track hours. Here are some indicators that you might be missing out on earned wages:
- Working Off the Clock–Required tasks before or after shifts, like setting up workstations or attending meetings, should be compensated.
- Misclassification–Employers may incorrectly classify you as an exempt employee, even if your job duties don’t qualify.
- Automatic Time Deduction–Some companies automatically deduct time for breaks, even if you work through them.
- On-Call Hours–Being on-call outside regular hours might count as overtime.
- Bonus or Commission-Based Pay–Your overtime rate should include bonuses or commissions, not just your base rate.
If you notice any of these red flags, we’re here to evaluate your situation and determine whether you’re entitled to back pay.
How Do Employers Violate Overtime Laws?
Employers may attempt to cut corners when it comes to overtime pay. Here are some of the ways we commonly see employers avoiding their responsibilities:
- Misclassifying Employees–Incorrectly labeling employees as exempt without fulfilling FLSA guidelines.
- “Comp Time” in Place of Overtime–Offering time off instead of paying overtime, which is generally illegal for private-sector jobs.
- Altering Time Records–Changing your timesheets to reflect fewer hours than you worked.
- Misleading Explanations–Telling employees overtime pay isn’t required or claiming exempt status without justification.
How We Can Help with Your Unpaid Overtime Case
At Herman Law Group, we’re dedicated to securing fair treatment for our clients. With our team by your side, you don’t have to tackle these challenges alone. Here’s how we can help you with an unpaid overtime claim:
- Assessing Your Case: We’ll review your position, job duties, and employer’s practices to determine the validity of your claim.
- Collecting Evidence: Documentation like timesheets, job descriptions, and pay stubs help build a strong case.
- Negotiating with Employers: We’ll work directly with your employer to recover your wages.
- Filing a Lawsuit if Necessary: If your employer refuses to cooperate, we can file a lawsuit to recover your back pay and any additional damages.
What to Expect When Filing an Unpaid Overtime Claim
Here’s a general outline of what you can expect when you decide to take action:
- Initial Consultation: We’ll discuss your job, hours worked, and any pay discrepancies.
- Investigation: Our team will dig into the details, gathering all necessary evidence to support your claim.
- Negotiation: We’ll contact your employer, aiming for a fair settlement. Many cases are resolved at this stage.
- Litigation: If necessary, we’ll take your case to court and advocate for your rights before a judge.
Every case is unique, and we’re here to guide you through each step with clarity and determination.
Take Action Today: Get the Pay You’ve Earned
Don’t let unpaid wages go unchallenged. Herman Law Group is committed to securing fair treatment and pay for hardworking employees like you. If you suspect unpaid overtime, contact us today for a free consultation. Trust our team to protect your rights and fight for the compensation you deserve.
Herman Law Group is based in Providence, Rhode Island, and also serves Bristol County, Kent County, Washington County, Providence County, Warwick, and Cranston. The firm also extends its services to Attleboro, Boston, and other locations in Massachusetts, as well as nationwide.
