Employment Law
Overtime & FLSA Attorneys
Recovering unpaid overtime wages for Utah workers misclassified, underpaid, or denied the overtime pay they earned.
Your Right to Overtime Pay Under Federal and Utah Law
The Fair Labor Standards Act (FLSA) requires most employers to pay non-exempt employees one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. Utah's Payment of Wages Act provides additional protections for timely wage payment.
Overtime violations are widespread. Employers misclassify employees as exempt, require off-the-clock work, manipulate timekeeping records, or pay a flat salary without regard to hours worked. Stavros Law P.C. represents Utah workers in recovering unpaid overtime wages, liquidated damages, and attorney fees.
Common Overtime Violations
Misclassified as an exempt salaried employee when your duties are non-exempt
Required to work through lunch breaks or before/after your shift without pay
Paid a flat salary regardless of hours worked over 40
Misclassified as an independent contractor to avoid overtime obligations
Time records altered or rounded down to avoid overtime liability
Retaliated against for complaining about unpaid wages or overtime
Applicable Laws
Fair Labor Standards Act (FLSA) — 29 U.S.C. § 207
Requires covered employers to pay non-exempt employees 1.5x their regular rate for hours over 40 per workweek. Provides for recovery of back wages, an equal amount in liquidated damages, and attorney fees.
FLSA Exemptions
The executive, administrative, professional, outside sales, and computer employee exemptions are narrowly construed. Job title alone does not determine exempt status — actual job duties and salary level both matter.
Utah Payment of Wages Act (Utah Code § 34-28)
Requires Utah employers to pay all wages earned on regular paydays and provides remedies for unpaid wages, including a 5% per day penalty for willful nonpayment.
FLSA Statute of Limitations
Claims for unpaid overtime must be filed within 2 years of the violation, or 3 years for willful violations. Wages owed beyond the limitations period are generally not recoverable.
Collective Actions
The FLSA allows similarly situated employees to join together in a collective action to recover unpaid wages, which can be an efficient way to address widespread overtime violations.
Frequently Asked Questions
Am I entitled to overtime pay if I am paid a salary?
Not automatically. Salaried employees are only exempt from overtime if they meet both a salary level test (currently $684/week under federal law) and a duties test. Many salaried employees are misclassified and are legally entitled to overtime.
What is the overtime rate under the FLSA?
One and one-half times your regular rate of pay for all hours worked over 40 in a single workweek. The regular rate includes most forms of compensation, not just your base hourly rate.
Can I be fired for asking about overtime pay?
No. The FLSA prohibits retaliation against employees who assert their rights under the Act, including asking about overtime pay, filing a complaint, or participating in an investigation.
How far back can I recover unpaid overtime?
Generally 2 years under the FLSA, or 3 years if the violation was willful. Utah's Payment of Wages Act has its own limitations period. Acting promptly preserves more of your claim.
What if my employer says I am an independent contractor?
The FLSA uses an economic reality test to determine worker status — not the label your employer uses. Many workers classified as independent contractors are actually employees entitled to overtime and minimum wage protections.
What damages can I recover in an FLSA overtime case?
You can recover unpaid back wages, an equal amount in liquidated (double) damages, and attorney fees and costs. In willful violation cases, the 3-year limitations period applies and liquidated damages are mandatory.
Can my employer average my hours over two weeks to avoid overtime?
No. The FLSA calculates overtime on a single workweek basis. An employer cannot average hours over two or more weeks to avoid paying overtime.
Do I need to file an EEOC charge before suing for overtime?
No. Unlike discrimination claims, FLSA overtime claims do not require exhausting administrative remedies before filing suit. You can file directly in federal or state court.
Talk to an Overtime & FLSA Attorney
If you believe you have been denied overtime pay you earned, contact Stavros Law P.C. for a free case evaluation. We represent Utah workers in wage and hour claims on a contingency basis — you pay nothing unless we recover for you.
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