David L. Kern

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

Overtime Law
About Rob
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Please submit your potential overtime claim for consideration using the form below. You can easily click "submit" to send it to Kern Law Firm electronically. If you prefer filling the form out on paper, you may print the form and mail or fax it in. Our mailing address is 309 E. Robinson Avenue, El Paso, TX 79902 and our fax is (915) 242-0000. If you believe you have a potential class action or collective action claim, you may wish to have co-workers also complete and submit this form. It is easier to prove wage violations when employees join together collectively to share helpful information and support each other's claims.

Submitting this form, use of this website, or other verbal or written contact with Kern Law Firm or David L. Kern, does not make you a client of the firm. You only will become a client of Kern Law Firm if and when a written agreement is signed by both you and an authorized representative of Kern Law Firm. 

What happens when you submit the form? The information you submit will be reviewed and evaluated by Kern Law Firm in confidence. We can only evaluate your claim based on the actual information you submit, so please use your best efforts to completely and truthfully respond to the information requested. Once we have read and evaluated your submission you may be contacted by Mr. Kern or another representative of Kern Law Firm for more information, or to discuss a representation agreement. So that we can follow up with you as needed, it is very important that you provide your correct email address and phone numbers where you can be reached.

Any information you provide to us will be used in confidence by Kern Law Firm to evaluate your potential case and will not be shared with others without your permission. If we enter into a representation agreement with you, your information may become known when a lawsuit is filed. In addition, if we represent you along with others in a class and/or collective action, we may share your information with other members of the class and/or collective when doing so is beneficial to the case.

If you understand and agree to the terms and conditions explained in the four paragraphs above, please complete the form below and return it to us by clicking "SUBMIT." Alternatively, as explained above, you may submit your information by fax, or by mail. We thank you for trusting us with your information and look forward to hearing from you.

Overtime Claim Evaluation Form

First Name: 
Last Name: 

E-Mail Address: 

Street Address: 
Zip Code: 

Home Phone: 
Mobile Phone: 

Name of Employer: 
Any related Employers:

Do you now, or did you, work in the United States or a territory or possession of the United States?
Yes     No

Do you now, or did you ever, work more than forty hours in a work week?  Yes  No

How many hours do you, or did you, work in a given week?  Working hours may vary according to circumstances, so please describe ALL your working hours (whether paid or not) fully in the box below:
Some examples of working hour situations: 1) We normally only worked forty hours in a week, but when a big project was due we were told to clock out and keep working without being paid for those extra hours. 2) After I put on my protective gear at the start of my shift, I could spend as much as 20 minutes a day or longer of unpaid time walking to my work station. 3) After the new supervisor came, I was required to work 8am to 7pm every Monday to Friday, 55 hours a week, but I was only paid for 40 hours. 4) I was required to come to work 30 minutes early for a briefing, but wasn't paid for that time. 

Why do you believe you may have an overtime claim? Please check all that apply.
I don't know if I have an overtime claim, but I want to be sure I am not being denied overtime I may be entitled to. (This  answer is fine -- we will still review your submission.)
My employer says I am exempt from overtime because I am a salaried manager, but I don't manage two or more fulltime employees.
My employer says I am salaried-exempt, but I don't have a job that requires me to use a special advanced degree. (The test is whether your job requires you to use a degree, not whether or not you have a degree.)
I am paid by-the-hour and work more than 40 hours a week, but I am not paid overtime.
My employer says I am an "independent contractor" but I don't own or run my own business and the employer tells me what to do; I think I'm really an employee.
My employer doesn't keep accurate time records.
My employer pays me under the table or in cash.
I receive commissions, bonus, or benefits, but I am only paid overtime based on my base pay, not based on my regular rate of pay that includes my commissions, bonuses, or benefits.
I am not paid for short breaks of less than 20 minutes and/or not paid for meal breaks even when I work through them.
I am paid less than minimum wage.
I am paid straight time instead of time-and-a-half for my overtime hours.

I complained about not getting overtime and my employer retaliated against me.

Do you have a job that employers tend to misclassify as exempt? For example:
Computer/IT employee
Insurance adjustor
Call center employee
Any job with special gear that you spend unpaid time putting on and taking off
Any job with an automatic timekeeping system that rounds your hours down, but not up
Independent contractor
Assistant Manager/Shift Supervisor
Field Service Technician or Engineer
Mortgage broker, banking broker, transportation broker, or other broker

If there are other reasons not already covered above that you believe you may have an overtime claim, please provide that information in the box below:

Is there anything else you want us to know in evaluating your claim? If so, please tell us about it in the box below:


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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 in Texas and 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 or fax it per the instructions above.  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.