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Clarksville Office

Montgomery County Office

1989 Madison Street, Suite 253
Clarksville, Tennessee 37043

Phone: 931.451.8053

Toll Free: 800.705.2121

Fax: 615.353.0963

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    Practice Areas

    Workers' Comp

    Injured at work? Act now. Timing is crucial. Learn the 4 critical steps to getting your workers compensation benefits. When injured at work, immediately report the injury in writing to the employer. Many workers comp laws require injured workers to file the state's version of "First Report of Work Injury or Illness" as soon as possible after a workplace injury. Read More: Workers Comp

    Overtime

    Attorneys can help clients receive the payment they are owed from their employment. Settlements often include pay that was illegally withheld or underpaid (back pay), liquidated damages (double the amount owed), punitive damages for extreme misconduct (such as time shaving or off-the-clock work without pay) and attorney’s fees.

    Family Medical Leave

    If you work for a major Tennessee employer (50+ employees), the Family and Medical Leave Act (FMLA) ensures you up to 12 weeks of unpaid time off for the birth or adoption of a child or for a serious health condition. This same Tennessee maternity leave law prevents discrimination against women for being pregnant.

    Employment Retaliation

    Retaliation (also known as retaliatory discharge) is a form of workplace discrimination when an employer "gets back" by firing or disciplining an employee for being a law-abiding citizen. It is unlawful for a Tennessee employer to fire you for reporting illegal activity or for refusing to participate in these activities. 

    Get Help Sorting Out Overtime Pay

    Overtime pay is a right for people in Tennessee who work more than 40 hours a week. When a Tennessee employer fails to pay time and a half, they need to have a good reason. For example, labor law does not allow people who are called managers or shift leads but lack real authority to be shortchanged overtime. The Higgins Firm has represented people all over Tennessee get the back pay they deserve.


    Can Salaried Employees Get Overtime?

    Generally, Tennessee salaried employers who make more than $23,660 are not due overtime, but new rules and new interpretations under the federal Fair Labor Standards Act (FLSA) have qualified more salaried employees for overtime pay. To be overtime exempt from overtime rules, a Tennessee employee has to meet the overtime duties test. Millions of salaried workers do not meet the duties tests for their job title. That means they qualify for unpaid overtime payments. Tennessee employees may have overtime payments coming to them even if they work for a salary instead of a wage. When it comes to overtime for salaried employees, the type of work you do more important than the title you are given.

    Some jobs that commonly result in overtime compensation claims are:

    • Nursing, especially assistants and aides and shift leads, LPNs
    • Loan Officer, Financial Manager, Analyst, Broker
 
    • Order taker, Salesperson, Clerk, Account Executive, Relationship Manager and other Inside Sales positions
    • Facilities Manager, CAD operator, Bookkeeper,
Tech support, Help Desk, On Call Support 

    Many, many jobs have titles that are exempt from overtime but the actual duties of the job (the part that matters) demand that the employee receive overtime. If you have an overtime question, please get help.

    How is Overtime Back Pay Calculated?

    Overtime pay is based on a work week. First, determine the regular rate of pay. Then, multiply 1.5 times regular rate of pay times the number of hours worked that exceed 40 in a work week. A work week is generally a seven day period. A day, for overtime purposes, is defined as 24 hours beginning at the employers choosing.

    While overtime pay is complicated and there are a number of confusing exceptions, an experienced Tennessee overtime lawyer can help you figure out the overtime rules and determine if you are owed overtime back pay.

    How long do I have to make a claim for Overtime Pay?

    Tennessee workers have two years to bring an overtime claim under the Fair Labor Standards Act. The claim can be for overtime back pay, at a rate of 1.5 times the regular rate of pay, for liquidated damages and for attorneys fees. The Higgins Firm does not charge an attorney fee unless money is collected on your behalf. If the overtime violation is found to be willful, a three year statute of limitations applies.

    How Do I Report An Overtime Violation?

    Tennessee employees have the right to report suspected overtime violations to the Department of Labor, or to have a private overtime lawyer represent them. Before making a claim directly to your current employer, the Higgins Firm strongly recommends that you consult an experienced overtime lawyer. While complaining to your employer may or may not be considered a protected act, filing a claim for overtime is protected. You cannot be punished for filing an overtime claim. Your employer cannot retaliate against you.

    In Tennessee, your employer may not take any form of retaliatory action if you seek legal counsel with a qualified workplace attorney to report overtime violations at your workplace.

    How Do Employees Who Are Owed Overtime Pay for a Lawyer?

    The Higgins Employment Law Firm can help you receive overtime back pay from your employer on a contingent fee basis. The attorney fees will be paid by your employer if a Court orders it, or from the proceeds of a claim. You may have the chance to help others who are in a similar situation, without any attorneys fees unless we are successful. The Higgins Firm only represents employees in overtime cases.

    For a free evaluation or to speak with a Tennessee employment lawyer about your overtime claim, contact Jim Higgins.