The number of overtime pay lawsuits in Texas continues to increase this year. In 2013, Texas workers filed 1,128 unpaid overtime lawsuits in federal court under the Fair Labor Standards Act, or FLSA, which requires that most workers receive one-and-a-half times their regular rate of pay for hours worked above forty in a given week. This year is on pace to be a close second, with workers filing 922 overtime lawsuits and counting. While the exact cause of the increase in overtime lawsuits is not known, it is likely due to a number of factors, including:
- (1) the fact that medium and small (and even some large) companies either intentionally or accidentally implement policies which deny their workers overtime pay;
- (2) increased knowledge of workers’ rights; and
- (3) increased advertising by trial attorneys who handle unpaid overtime lawsuits.
2015 promises to be another year with a high number of unpaid overtime lawsuits. A big issue in Texas will be the downturn in the oil and gas sector, which has already caused oilfield service companies to announce many layoffs, which will lead to additional lawsuits from former employees about their unpaid overtime.
UPDATE (2-5-15): According to final, year-end figures nationwide from PACER, claimants filed a total of 8,086 unpaid overtime cases under the FLSA in 2014. For comparison purposes, plaintiffs filed 7,904 FLSA cases in 2013. Only a decade ago, in 2004, PACER reported just 3,606 FLSA cases were filed.
If you have questions about your right to receive overtime pay, contact an experienced employment attorney. Josh Borsellino represents workers to get them the unpaid overtime they deserve. For a free consultation, call Josh Borsellino at 817.908.9861 or fill out this contact form.