Overtime Law
About David
Contact Us
Current Cases






David L. Kern

Overtime Pay Lawyer
Board Certified Specialist in Labor & Employment Law
Texas Board of Legal Specialization


Are you being paid what you are legally entitled to receive?

There is an epidemic of wage theft in the United States. Each year, Federal and State Departments of Labor recover hundreds of millions of dollars in unpaid overtime and private attorneys recover hundreds of millions more in private lawsuits. And these are only the cases that are prosecuted. One recent study from estimated that wage theft could be costing workers more than $50 billion a year in wages they are entitled to.* However, most victims of wage theft never sue or complain to the government because they don't understand their legal rights.

Wage theft is so common that one former Department of Labor Investigator stated that to find an overtime pay violation all he would need to do was go to the downtown area of any city, close his eyes, spin around three or four times, and then investigate the employers in the first building he saw when he opened his eyes. Despite the enormous dimensions of the wage theft problem, many employees have very little knowledge concerning their legal rights to be paid overtime. 

Under the Fair Labor Standards Act (FLSA), most employees are owed overtime at a rate of pay at least one-and-a-half times their regular rate of pay for all their working time over 40 hours in a workweek. There are some exceptions to the pay requirements of the FLSA, but these exceptions are very narrow and limited. And it is up to employers to prove that any exceptions apply.

Some employers intentionally choose not to pay employees their legally earned overtime. Other employers fail to pay overtime because they do not understand the law. However, ignorance of the law is not a defense under the FLSA.  Whether an employer's pay violations are intentional or inadvertent, the FLSA requires that employees be paid the overtime pay they are legally entitled to receive.

If you worked more than forty hours in a work week without receiving overtime pay, you may be entitled to recover your unpaid overtime pay plus an additional amount equal to your back pay as well as your attorney's fees and costs. You also should know that when employees make claims for unpaid overtime the FLSA protects them from retaliation by their employers.

Kern Law Firm aggressively prosecutes overtime claims for employees across the nation. If you are the victim of wage theft we would love to have the opportunity to help you.



If you believe you have a claim for an overtime pay violation, please click on the button below. 

Submit Your Claim


If you need more information about overtime pay violations, please click on the link below.

More Information About Overtime Pay Violations


* See "An Epidemic of Wage Theft Is Costing Workers Hundreds of Millions of Dollars a Year," Economic Policy Institute, September 2014.


David L. Kern is a Board Certified Specialist in Labor & Employment Law who has practiced labor and employment law for more than 30 years. He received his Board Certification from the Texas Board of Legal Specialization in 1993.  Less than 1% of Texas attorneys receive this Certification.  Mr. Kern's fellow lawyers have recognized him in Best Lawyer's In America (2005 thru 2014) and Texas Super Lawyers (2006 thru 2014). For more than 20 years, Mr. Kern has successfully represented thousands of workers in class action overtime pay litigation throughout the nation.

Most potential clients contact us by transmitting an Overtime Claim Form via the internet.  If you prefer, you may print the Overtime Claim Form and mail it to us or fax it to (915) 242-0000.  Submission of the Overtime Claim Form, use of this website, or other contact with Kern Law Firm or David L. Kern does not create an attorney-client relationship.  Such a relationship can only be created by a written agreement signed by the client and by an authorized representative of Kern Law Firm.

David L. Kern is the attorney responsible for this website. The principal office of David L. Kern and Kern Law Firm is located in El Paso, Texas. (c) 2014 David L. Kern, All Rights Reserved. No copyright claimed to U.S. Government works.