Wage & Hour / Overtime FAQ

How much will your legal services cost for wage & hour or overtime claims?
How much will I have to pay to discuss my potential wage or overtime case with an attorney?
Have I waited too long to bring a wage & hour or overtime claim?
If I was not paid overtime do I need to have my time sheets or paystubs to prove the hours I worked?
I was called a “manager” or “supervisor,” am I still entitled to overtime wages?
I received a salary, am I still entitled to overtime wages?
Am I entitled to be paid for travel time?
My employer deducted lunch breaks periods from my paycheck but I had to work through lunch, do those hours count towards overtime?
Does my immigration status preclude me from recovering unpaid wages?
Can my employer fire me for filing a claim for unpaid overtime wages?
What am I entitled to recover in an employment discrimination, retaliation or FMLA claim?

Below are a few of the frequent asked questions we have received regarding wage & hour and overtime claims. If you have additional questions regarding these or other claims contact the Law Offices of Paul Bennett Sopp, P.A. call us at (561) 683-5612 to arrange for a consultation.

How much will your legal services cost for wage & hour or overtime claims?

We represent all wage & hour and overtime cases on a contingency fee basis. Our legal fees are a percentage of the total amount we collect for you. There are no charges, fees or costs unless a successful recovery is made. All of our legal fees are clearly stated in a written agreement.

How much will I have to pay to discuss my potential wage or overtime case with an attorney?

We offer free initial consultations for wage & hour and overtime claims to ensure our firm is able to represent the prospective client's needs. We only accept a portion of the cases we are presented with, but may be able to refer you to another law firm that represents similar clients.

Have I waited too long to bring a wage & hour or overtime claim?

The Fair Labor Standards Act (“FLSA”) permits a claimant to recover overtime for up to two years, three years if your employer intentionally failed to pay you the correct wages. Every day that passes before a complaint is filed on your behalf means you are one day closer to being legally barred from recovering your hard-earned wages.

If I was not paid overtime do I need to have my time sheets or paystubs to prove the hours I worked?

No. Employers are required to maintain your time records. If the employer fails to maintain such records, that will not prevent your ability to prove your claim. You are entitled to use your memory to present evidence of the hours worked and wages paid.

I was called a “manager” or “supervisor,” am I still entitled to overtime wages?

Yes, if your employer labeled you as an exempt employee when you actually non-exempt. Some employers give the job tile “manager” or “supervisor” to avoid paying overtime. Your job duties dictate your entitlement to overtime wages, not your job title.

I received a salary, am I still entitled to overtime wages?

Yes, if you are a non-exempt employee. Non-exempt employees are required to be paid for overtime hours worked. It makes no difference if you received a salary. Again, your job duties dictate your entitlement to overtime wages, not how you were paid.

Am I entitled to be paid for travel time?

Yes. If you are required to travel as part of you job, the time traveling must be included in the hours worked. However, you are not entitled to be paid for time spent traveling from your home to your employer’s office.

My employer deducted lunch breaks periods from my paycheck but I had to work through lunch, do those hours count towards overtime?

Yes. If you were required to work through lunches, which results in actually working more than 40 hours in a work week, you are entitled to overtime compensation. We hold employers liable for deceptive timekeeping practices which result in unpaid overtime. We also handle wage and hour claims involving refusal to provide uninterrupted meal and rest periods and failure to pay the minimum required earned wages.

Does my immigration status preclude me from recovering unpaid wages?

No. An employee is required to pay for all hours worked. If you are not entitled to work in the U.S. you are still entitled to bring a claim for earned wages.

Can my employer fire me for filing a claim for unpaid overtime wages?

Your employer is not permitted to fire you in retaliation for filing a claim for lawfully earned wages. If you are fired for filing a claim, your employer exposes itself to additional claims and may liable for any lost wages and benefits, the costs for seeking new employment, and other damages.

What am I entitled to recover in an employment discrimination, retaliation or FMLA claim?

A successful plaintiff is entitled to recovery of lost wages and "an additional equal amount as liquidated damages" in the case of a willful violation, lost benefits, promotions, plus reasonable attorneys fees and costs. In some cases reinstatement of your position.