Wage and Hour Claim

Wage & Hour FAQs

Do I have a wage and hour claim?

Determining whether an employee is owed wages is often a complex question requiring a detailed look at the specific facts of your situation and how the law applies to those facts. To help you determine if you have an unpaid wage or overtime claim, we have prepared a questionnaire (overtime wage claim form) for you to fill out. An unpaid wage attorney will review your case and contact you if we think we can help you.

Generally speaking, most employees are either paid on an hourly basis for each hour they work or are paid a fixed salary regardless of the number of hours worked. With rare exceptions, for those employees paid on an hourly basis, they must be paid time and one half (overtime) for any hours worked over forty (40) in a workweek.

In general, employees who are paid a salary are not entitled to overtime for hours worked over forty (40). Only certain types of employees may be paid on a salary basis and need not be paid overtime. For example, professional, administrative, and executive employees may be exempt from the overtime requirements and may be paid a salary. Some employees who receive a salary may nevertheless be entitled to overtime because their employers have misclassified them as being exempt from overtime or have made certain mistakes when paying their salary. In fact, it is a misconception that just because an employee is paid a salary, the employee is not entitled to overtime pay.

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