Know your employee status to file an unpaid overtime claim

If you worked overtime and want to claim payment, know your employee status. Check this before submitting a request for payment.

There is no question that if you work overtime, you should be paid for that overtime, no matter what some people think, say or feel. This is where the law comes in handy as a backup position. If you worked overtime, you should be paid and the law says so; so that’s in your favor. You should never be wrongfully denied compensation.

Having said this, you need to also understand that there are rarely etched in stone, immutable rules and regulations. There are usually exceptions to every rule. To know what those exceptions are, make it a point to consult with an experienced Dallas business lawyer. Better you know your rights and how to proceed with an overtime claim than to go ahead uninformed and do it the wrong way.

If you want to help yourself out, brush up on your labor law. It’s not complex, at least, not the things you would need to know. Check out the laws relating to overtime compensation. According to the Fair Labor Standards Act, workers are entitled to overtime remuneration at a rate of 1.5 times the regular rate, if a worker puts in more than a 40-hour workweek. This is the general rule.

However, some workers are not entitled to overtime. Those employees include computer employees, those who work in administration or those in executive positions. Only non-exempt employees qualify for overtime compensation. If you have all of your paperwork in order and have spoken to an experienced Dallas business lawyer, then make sure you have all the facts in writing before you file a lawsuit. If you wind up going to court, you need written documents for evidence. For example, you’ll need time sheets, payroll records and employment policies.

Don’t assume that just because the labor law says one thing right now, that it hasn’t changed and you may not know about it yet. Consult with a lawyer before you do anything and ask questions. The Dallas business lawyer will be able to brief you on any recent changes to the labor laws that may apply in your particular circumstances.

Do due diligence and check with your state’s Department of Labor, as you might want to fill out a complaint form, rather than going to court. If you do have a solid case, an investigator reviews your complaint and will help you in dealing with your employer.

Just make sure you have all the facts before proceeding with a complaint or lawsuit and things should work out well in the end.

Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit