don't let your boss keep it.
Many lawsuits concerning overtime pay occur after an employer misclassifies an employee as an exempt or salaried, when he/she should be classified otherwise. With a few exceptions, employees are entitled to overtime compensation for work in excess of 40 hours, even if they are considered as salaried employees by their employers.
At Briggle & Polan, PLLC, we are a highly focused employment law firm that represents clients in Edinburg and throughout the United States in federal employment law cases involving violations of the Fair Labor Standards Act (FLSA).
Using the legal tools provided by the FLSA — as well as years of experience litigating employment cases in federal courts across the country — the firm's seasoned attorneys have represented bankers, loan officers, mortgage brokers, cable installers, computer/IT professionals, field service technicians and many other employees, in both individual and class action lawsuits concerning overtime pay.
An experienced Edinburg employment lawyer can determine if misclassification occurred by looking at telltale signs. One is that an employer has changed the employee's position from hourly to salaried, without a corresponding change in job duties and expectations or a willingness to pay overtime for excess hours worked. This often occurs in situations in which employees are ostensibly promoted to administration or management, but their jobs remain virtually the same.
Other signs come from the jobs themselves. Federal law and legal precedent have defined certain job categories as exempt and others as nonexempt. By learning about a client's job duties and conditions, and comparing that with known classifications, the attorneys at Briggle & Polan, PLLC, can tell you if you are properly classified, and if FLSA provisions are being followed regarding your employment, pay and overtime compensation.
Employers often believe that by labeling employees as exempt, salaried employees immunizes them against having to pay overtime benefits. However, employers did not create the state and federal laws, nor did they appoint the judges who decide these matters.
Federal law is clear about the conditions employees in various occupations should expect, and the lawyers at Briggle & Polan, PLLC, stand ready to fight for your employment rights when needed.
To consult with one of the firm's employee misclassification lawyers in a confidential consultation, contact the firm online or by calling 512-472-1926 or toll free 866-247-HELP or by email for a FREE consultation. Our home office is in Austin but we handle cases for clients in Edinburg, TX and throughout the US.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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