The employment law attorneys at Baron & Budd have represented thousands of workers, employees, and companies over the last four decades. In an area of law known for its complexity and complex jurisdiction split between state and federal employment statutes, we are known and respected among the best employment lawyers in the country.

Overtime Pay Laws and the Fair Labor Standards Act: What It Means To You

The Fair Labor Standards Act (FLSA), enacted in 1938, is the federal law that governs minimum wages, maximum work hours, overtime pay, equal pay and child labor standards. Its purpose is to protect employees from oppressive working hours and labor conditions and to ensure that American workers receive a fair day’s pay for a fair day’s work. The law applies to virtually all employers and their employees, except for those who are specifically exempt. Non-exempt employees are entitled to overtime and minimum wages under the FLSA, whereas exempt employees are not.

Learn More – Non-Exempt vs Exempt Employees

Do not assume you are exempt or non-exempt. Call us at 866-238-4143 or complete our contact form to see if you have a claim.

Which Labor Laws for Overtime Pay are Broken the Most?

Employers break labor laws for overtime pay far too often. Some of the most common violations to employee overtime pay rights are not paying qualifying salaried employees time-and-a-half for overtime and misclassifying an actual employee as a contractor to save the company money. Some more detailed examples of overtime violation claims are listed below.

Most Common Overtime Pay Violations

  • Not giving time-and-a-half overtime pay to field service workers
  • Not calculating overtime for bonuses or extra pay
  • Misclassifying employees as contract workers to avoid overtime pay obligations
  • Assistant managers not paid time-and-a-half for overtime
  • Not paying hourly employees for all of the hours they work
  • Not paying IT employees overtime
  • Claiming overtime pay exemption for administrative employees that are not exempt
  • Docking employee pay for work quality or quantity
  • Reclassifying an employment status from exempt to not exempt without back pay
  • Not paying sales employees overtime
Workers' Rights

Compensation & Fair Pay

Fair compensation. America’s laws enforce this important concept. It’s a concept that helped make this country great, and it’s a concept Baron & Budd fights for every day.

And yet there are still companies that break this law in many ways: Perhaps cheating their employees out of overtime pay by inappropriately classifying them as salaried when they are hourly – or not providing sufficient notice when there is a mass layoff.

Some businesses may try to take advantage of people and add to their bottom line by ignoring the laws of the land. But Baron & Budd’s mission is to protect workers.

Take the Fair Labor Standards Act (FLSA) of 1938, which established many of the standards that law-abiding employers follow to this day. The forty-hour workweek, minimum wage, and the prohibition against child labor were first put in place by the FLSA. Under its provisions, Baron & Budd has filed numerous class action and private lawsuits for fair pay and compensation for all workers. We continue fighting for fair compensation for underpaid employees in several different industries.

Fair Pay Lawsuits We’ve Represented Workers In:

  • Call Center Workers

  • Oilfield Workers

  • Maritime & Offshore Employees

  • Fast Food Workers

  • Retail Workers

  • Store Managers

  • IT/Computer Technicians
  • Food Industry Workers

  • Hotel Workers

  • Construction Workers

  • Landscape Workers

  • Sales Employees

  • Administrative Assistants/Secretaries

And many more occupations filled by hardworking individuals across the country.


We employ some of the highest rated counsel in the field of employment and labor law. Let us help protect and defend your rights as an employee in the United States.

Allen Vaught
Allen VaughtOf Counsel
More than 15 years of experience working as a litigator on complex, multi-party litigation.View Profile
Melinda Arbuckle
Melinda ArbuckleAssociate Attorney
Centers on litigating cases that make a difference and shape policy for better protection of all workers.View Profile
Rebecca Currier
Rebecca CurrierAssociate Attorney
Ensure that hard-working people have a strong voice in the arena of complex labor and employment litigation.View Profile
Shree Patel
Shree PatelAssociate Attorney
Represents clients in complex commercial, business, labor and employment litigation.View Profile
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