What Is Wage and Overtime Law?
Definition and Scope
Wage and overtime law refers to the body of federal and state regulations that require employers to compensate employees fairly for their work. This includes laws such as the Fair Labor Standards Act (FLSA), which establishes minimum wage, overtime pay, and other wage-related protections. These laws are designed to ensure that workers are paid for every hour worked and receive premium pay for overtime hours.
Common Legal Issues and Case Types
Common legal issues under wage and overtime law include unpaid overtime, misclassification of employees as exempt, off-the-clock work, minimum wage violations, and failure to provide final paychecks in a timely manner. Employees may also face retaliation for asserting their wage rights.
Who Needs a Wage and Overtime Lawyer?
Any employee who believes they have not been paid fairly or lawfully should consult a wage and overtime attorney. This includes hourly workers, salaried employees denied overtime, independent contractors misclassified, and former employees seeking unpaid final wages.
HKM’s Approach to Wage and Overtime Cases
Initial Consultation and Case Review
HKM offers confidential consultations where we review your pay records, job duties, and employment status to determine whether you may have a claim for unpaid wages or overtime.
Legal Strategy and Client Advocacy
We develop a custom legal strategy tailored to the details of your case. Whether through negotiation, mediation, or litigation, our attorneys are focused on obtaining full compensation and protecting your rights.
Working with Clients Across the U.S.
With offices nationwide, HKM Employment Attorneys represents workers across the country. We understand local and federal wage laws and advocate for clients from all industries and employment levels.
Why Choose HKM for Wage and Overtime Cases
National Reach, Local Experience
HKM combines a national platform with local attorneys who understand the specific wage and hour laws in your state. We bring both scale and precision to every case.
Proven Results in Wage and Overtime Cases
Our firm has recovered significant compensation for clients in wage theft, overtime, and minimum wage claims. We pursue justice with persistence and attention to detail.
Client-Focused Representation
We prioritize communication, transparency, and results. Our attorneys are responsive, compassionate, and committed to ensuring every client understands their options and rights.
Frequently Asked Questions About Wage and Overtime Law
What should I look for in a wage and overtime lawyer?
Look for a lawyer with specific experience in wage and hour law, a track record of results, and clear communication. HKM attorneys provide direct, honest guidance from the start.
How much does it cost to hire a wage and overtime attorney?
HKM offers flexible fee arrangements, including contingency fees in many wage cases. Your initial consultation is free.
Can I pursue a wage and overtime case in federal court?
Yes. Many wage claims, particularly those under the FLSA, are filed in federal court, and HKM attorneys are experienced in both state and federal forums.
What is the typical process for a wage and overtime case?
After your consultation, we investigate your claims, gather pay data, and determine the best course of action—whether negotiating a settlement or filing a lawsuit.
Am I entitled to overtime pay if I’m salaried?
Not all salaried employees are exempt from overtime. Your job duties, not just your pay structure, determine whether you’re owed overtime.
What should I do if my employer is not paying me minimum wage?
Document everything and contact an employment lawyer immediately. You’re entitled to recover unpaid wages plus penalties.
Can I recover unpaid wages if I no longer work for the employer?
Yes. Former employees can still bring claims for unpaid wages, as long as they file within the applicable time limits.
How far back can I claim unpaid wages or overtime?
Generally, up to two years—or three if the violation was willful. It’s important to act quickly to preserve your claim.
What qualifies as “off-the-clock” work, and is it compensable?
Any work performed before or after shifts or during unpaid breaks may be considered compensable. If it’s work the employer requires or benefits from, it may be covered.