Workplace Overtime Law

Overtime laws exist to protect employees from being overworked and underpaid. Under the Fair Labor Standards Act (FLSA), most non-exempt employees in the United States must be paid 1.5 times their regular rate for any hours worked beyond 40 in a workweek. However, many employers attempt to skirt these laws, leading to wage theft, misclassification, and unpaid overtime disputes.

At Klie Law Offices, with offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, we help employees understand their rights and fight for fair compensation. Our experienced overtime lawyers assist workers facing wage and hour violations, ensuring they receive the pay they are legally entitled to. If you suspect that your employer is violating overtime laws, seeking legal representation from an employment attorney can help ensure that you receive the wages you are owed.

Understanding Overtime Laws

The FLSA mandates that eligible employees receive overtime pay unless they are classified as exempt. Exempt employees typically include salaried professionals, executives, and administrative workers who meet specific job duty requirements. However, employers sometimes misclassify employees to avoid paying overtime. If you are unsure about your classification, consulting an overtime attorney at Klie Law Offices in Buckhannon, Parkersburg, Clarksburg, or Morgantown can clarify your legal status.

Additionally, state laws may offer further protections, such as daily overtime thresholds or stricter regulations on employer practices. Employees should be aware of both federal and state labor laws to ensure fair treatment. Our wage and hour attorneys can guide you in understanding your rights under both federal and West Virginia labor laws.

Common Overtime Violations

1. Unpaid Overtime

One of the most common violations occurs when employers fail to pay employees for hours worked beyond 40 per week. This can happen through various means, including:

• Requiring employees to work “off the clock”

• Failing to count time spent on required tasks (such as meetings or training)

• Miscalculating or underpaying overtime rates

If your employer has failed to pay you overtime, an employment lawyer in Buckhannon, Parkersburg, Clarksburg, or Morgantown can help you file a claim to recover unpaid wages.

2. Employee Misclassification

Employers sometimes classify employees as “exempt” from overtime when they do not meet the legal criteria. Common misclassification tactics include:

• Labeling employees as salaried without proper exemption qualifications

• Improperly classifying workers as independent contractors

• Using job titles that do not match actual job duties

Misclassified employees may be entitled to back pay for unpaid overtime. An employment lawyer at Klie Law Offices can assess your classification and help you seek proper compensation.

3. Comp Time Instead of Overtime Pay

Some employers offer “compensatory time” (comp time) instead of paying overtime wages. While this practice is legal in certain public sector jobs, private-sector employers cannot substitute comp time for overtime pay. If you have been denied proper payment and given comp time instead, legal action with the help of an overtime attorney in Morgantown, Clarksburg, Parkersburg, or Buckhannon may be necessary to recover your earnings.

4. Failure to Include Bonuses and Incentives in Overtime Calculations

Overtime pay should be calculated based on an employee’s total earnings, including bonuses, commissions, and incentives. Some employers improperly calculate overtime by using only the base hourly wage, leading to underpayment.

If your employer has excluded certain earnings from your overtime calculations, an employment attorney at Klie Law Offices can help you file a claim to recover your full compensation.

5. Retaliation for Overtime Complaints

Employers cannot punish workers for asserting their rights under overtime laws. Retaliation can include:

• Termination or demotion

• Reduction in work hours

• Hostile work environment

If you have faced retaliation for demanding fair wages, an employment lawyer in Parkersburg, Clarksburg, Morgantown, or Buckhannon can help you pursue a legal claim for damages.

How an Employment Lawyer Can Help

If you believe your employer has violated overtime laws, an experienced employment lawyer can assess your case and help you recover lost wages. The first step in legal representation is evaluating whether you are properly classified as exempt or non-exempt. Many employees are incorrectly categorized, and an attorney at Klie Law Offices can determine if you should be receiving overtime pay.

An employment lawyer will also review your pay records to identify unpaid overtime. This includes checking for errors in overtime calculations, ensuring that bonuses and commissions were factored into your wages, and confirming that you were paid for all hours worked. If discrepancies are found, an attorney can help you take action.

If your employer refuses to settle wage disputes amicably, a lawyer can assist in negotiating settlements or filing a lawsuit against them. Many employment cases are resolved through negotiations, but if necessary, your lawyer at Klie Law Offices, with locations in Buckhannon, Parkersburg, Clarksburg, and Morgantown, will be prepared to represent you in court to ensure your rights are upheld.

When to Contact an Employment Lawyer

You should consider contacting an employment lawyer if you have worked overtime but were not properly compensated. If you suspect you have been misclassified as exempt, an attorney can assess whether your job duties qualify you for overtime pay.

If your employer has substituted comp time for overtime wages, failed to include bonuses in overtime calculations, or engaged in wage theft, you may have a legal case. Employees who have faced retaliation for complaining about unpaid wages should also seek legal advice to protect their rights and pursue damages. Klie Law Offices, with experienced employment attorneys in Buckhannon, Parkersburg, Clarksburg, and Morgantown, can provide the legal support you need.

Contact Us Today

Overtime laws exist to protect workers from unfair labor practices, but violations are unfortunately common. Understanding your rights and taking legal action when necessary can ensure that you receive the pay you are legally entitled to.

At Klie Law Offices, we are committed to helping employees fight for fair wages. With offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, our employment lawyers are ready to assist you. If you believe your employer has violated overtime laws, contact us today for a consultation and take the first step toward securing the compensation you deserve.