Wage & Hour Attorney – Recovering Your Unpaid Wages and Overtime

Your employer owes you every penny you’ve earned.

Get experienced legal representation to recover unpaid wages, overtime, and other compensation violations.

Wage and Hour Violations

You work hard for your paycheck—you deserve to be paid fairly and on time.

If your employer has failed to pay you proper wages, denied overtime compensation, or violated other wage and hour laws, you have legal rights. Phil Flemming has extensive experience representing employees in wage and hour disputes, helping them recover unpaid compensation and holding employers accountable for wage violations.

Fair pay isn’t just good business—it’s the law. When employers cheat workers out of wages, we fight to get you what you’re owed.

Common Wage & Hour Violations

Unpaid Overtime

  • Failure to pay time-and-a-half for hours worked over 40 in a workweek
  • Misclassifying employees as exempt when they should receive overtime
  • Averaging hours across multiple weeks to avoid overtime payments
  • Requiring off-the-clock work before or after shifts

Unpaid Wages

  • Withheld final paychecks after termination or resignation
  • Unpaid commissions or bonuses that were earned
  • Failure to pay for all hours worked including short breaks
  • Delayed wage payments beyond legal requirements

Misclassification Issues

  • Independent contractor misclassification to avoid paying benefits
  • Exempt employee misclassification to avoid overtime payments
  • Intern or volunteer misclassification for work that should be paid

Minimum Wage Violations

  • Paying below minimum wage (federal or state, whichever is higher)
  • Improper tip credits for tipped employees
  • Illegal deductions that bring wages below minimum wage
  • Unpaid training time or mandatory meetings

Meal and Rest Break Violations

  • Denying required meal breaks (varies by state)
  • Interrupting meal breaks with work duties
  • Failure to provide rest breaks as required by state law
  • Not paying for working through breaks

Federal and State Wage Laws

Fair Labor Standards Act (FLSA)

  • Minimum Wage: Currently $7.25 per hour (higher in many states)
  • Overtime: Time-and-a-half for hours over 40 per week
  • Child Labor: Restrictions on employment of minors
  • Record Keeping: Requirements for employers to maintain wage records

State Wage Laws

  • Many states provide greater protections than federal law:
  • Higher minimum wages
  • Daily overtime requirements (e.g., California’s 8-hour rule)
  • Meal and rest break requirements
  • Prompt payment laws for final wages
  • Expanded overtime coverage

Who Is Covered?

  • Non-exempt employees are entitled to minimum wage and overtime
  • Exempt employees must meet specific salary and duty requirements
  • Tipped employees have special minimum wage rules
  • Independent contractors are not covered (but misclassification is common)

What Damages Can You Recover?

Unpaid Wages and Overtime

  • Back wages for all unpaid compensation
  • Liquidated damages equal to the amount of unpaid wages (double damages)
  • Interest on unpaid amounts
  • Future wages if ongoing violations continue

Additional Penalties

  • State penalty wages for late payment of final wages
  • Waiting time penalties for delayed final paychecks
  • Civil penalties imposed by government agencies
  • Attorney’s fees and costs (often paid by employer)

Collective Actions

  • FLSA collective actions allow similarly situated employees to join together
  • State class actions for violations of state wage laws
  • Increased recovery through group litigation

Overtime Exemptions – Are You Really Exempt?

Common exemptions that are often misapplied:

Executive Exemption

  • Must supervise two or more employees
  • Must have authority to hire/fire or make recommendations
  • Must earn at least $684 per week ($35,568 annually)
  • Primary duty must be management

Administrative Exemption

  • Must perform office work directly related to management or business operations
  • Must exercise discretion and independent judgment on significant matters
  • Must earn at least $684 per week
  • Primary duty must be administrative

Professional Exemption

  • Must perform work requiring advanced knowledge in a field of science or learning
  • Must have knowledge acquired through prolonged specialized instruction
  • Must earn at least $684 per week
  • Primary duty must be professional

Important: Job titles don’t determine exemption status—actual job duties and salary do.

How We Handle Wage & Hour Cases

Comprehensive Wage Analysis

We review your pay stubs, time records, job duties, and employment agreements to identify all potential violations.

Evidence Gathering

We obtain employer records through discovery and government agencies to build the strongest possible case.

Calculation of Damages

We work with experts to calculate the full amount of unpaid wages, overtime, and penalties you’re owed.

Strategic Litigation

Whether through individual lawsuits or collective actions, we pursue the most effective legal strategy for your situation.

Why Choose Phil Flemming for Your Wage & Hour Case?

Specialized Knowledge

Deep understanding of complex federal and state wage and hour laws, including recent changes and updates.

Proven Results

Successful recovery of millions in unpaid wages and overtime for employees across various industries.

Aggressive Advocacy

We fight tirelessly to recover every penny you’re owed, plus penalties and interest.

Filling

Time Limits for Wage Claims

Don’t wait—there are strict deadlines for recovering unpaid wages:

FLSA Claims

  • 2 years for most violations
  • 3 years for willful violations
  • Statute of limitations runs from each pay period

State Wage Claims

  • Varies by state (typically 2-4 years)
  • May have longer periods than federal law
  • Administrative claims may have shorter deadlines

Final Wage Claims

  • Very short deadlines in some states (as little as 30 days)
  • Prompt action required after termination or resignation

Frequently Asked Questions

No. All time worked must be compensated, including time before and after shifts, during breaks, and for mandatory activities.

Possibly. Being paid a salary doesn’t automatically exempt you from overtime. Your job duties and salary level determine exemption status.

No. Overtime is calculated weekly under federal law. Each workweek stands alone for overtime calculations.

Retaliation for asserting wage and hour rights is illegal and can result in additional legal claims and damages.

Take Action Today

Every day you wait is another day without the wages you’ve earned.

Wage and hour violations are serious matters that affect your livelihood and financial security. Don’t let employers profit from cheating workers out of fair compensation.

Give Us a Call – No Obligation

  • Complete wage analysis of your situation
  • Calculation of potential recovery amounts
  • Explanation of your legal rights under federal and state law
  • Assessment of retaliation protection
Call: 480-261-1092
Consultation

Ready to Recover Your Unpaid Wages?

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Office Hours:

Monday – Friday: 9:00 AM – 5:00 PM
Saturday: By Appointment
Sunday: Closed

Emergency Contact

For urgent matters, call our main number and follow the prompts for after-hours assistance.

You’ve earned every penny—now let us help you collect it. Contact The Flemming Law Firm today and get the wages you deserve.

This page provides general information about wage and hour law and should not be considered legal advice. Every case is unique. Contact our office for a consultation about your specific situation.