Tag Archives: illegal

Overtime is not optional

I was talking with some clients in the landscaping business. They were telling me about some competitors who don’t pay overtime or drive time to their employees. After 20 years of filing unpaid overtime claims, you’d think I wouldn’t be surprised. I am always surprised.

Paying overtime is not an option. It is not an employer’s choice. They can’t just say “Oh, we don’t pay overtime,” or “We are a straight time shop.” Federal and state law say that if you work more than 40 hours in a week, then you are entitled to 1 1/2 times your regular rate for any hours over 40. We all know that. It’s been the law in the US since 1938. Still, these guys.

You don’t have to ask your employer to pay you overtime to be entitled to claim it later. Call me at 513-594-2685 or contact me at jiml@langendorflaw.com because making cheaters pay is my business.


A client came to me with an unpaid overtime case today. She had been mis-classified, willfully I’m sure, by her former employer. My client was, by all tests and checklists, an employee. Yet she had been paid as a flat salaried, independent contractor. Employers do that often. True, employees think it’s great – until they realize co-workers on the clock are being paid more, working less, and don’t have to pay self-employment taxes. When they learn this and take action with lawyers, those same cheating employers become liable for unpaid overtime wages, that amount doubled, unpaid payroll taxes, and attorney’s fees.