Protecting Texas Workers From Unpaid Wages and Unfair Treatment
When you show up to work every day, you expect to be paid for the time you give. That is a basic promise between workers and employers. But in Texas, I see far too many cases where employees are not paid fairly — whether through unpaid overtime, missing wages, illegal deductions, or being forced to work off the clock. Wage and hour violations are more common than people realize, and they hurt honest workers who are simply trying to support their families.
You may not think of yourself as someone with a “legal claim,” but here’s the truth: if your employer has shorted your paycheck, refused to pay overtime, or taken pay that does not belong to them, you have rights under both Texas and federal law. And you deserve to know them.
As a wage and hour attorney, my job is simple — to make sure workers get the pay they earned. When an employer breaks the law, whether on purpose or by mistake, I step in to help you recover your wages, protect your job, and stop ongoing violations.
CALL: +1 281-738-3448
Texas Law on Wages and Hours
In the state of Texas, wage and hour laws are carefully structured to ensure fair compensation and working hours for employees, in alignment with both federal standards and state-specific regulations. Governed primarily by the Texas Payday Law, these statutes enforce the timely payment of wages and delineate the frequencies at which employers must disburse employee compensation. Alongside, the Texas Minimum Wage Act establishes the minimum hourly wage, ensuring it aligns with the federal minimum wage, while providing protections that surpass federal guidelines in certain areas. Additionally, the provisions under the Fair Labor Standards Act (FLSA) concerning overtime pay are ardently upheld, granting employees the right to overtime wages for hours worked beyond the standard 40-hour workweek. Despite the absence of state laws mandating meal and rest breaks, the overarching goal remains to cultivate a labor market that is both equitable and competitive. Employers are thereby encouraged to adopt fair labor practices that cater to the well-being of their workforce, under the vigilant supervision of the Texas Workforce Commission (TWC).
- Texas Payday Law: Enforces the prompt and complete payment of wages, dictating specific paydays for different types of employees (e.g., non-exempt vs. exempt).
- Texas Minimum Wage Act: Sets the state minimum wage in accordance with the federal rate, providing a baseline for employee compensation.
- Overtime Regulations: Under both federal (FLSA) and Texas law, employees are entitled to overtime pay at a rate of one and one-half times their regular rate for hours worked in excess of 40 per week.
- No State-Mandated Meal or Breaks: While Texas does not require employers to provide meal or rest breaks, federal regulations apply concerning breaks where employees are not free to pursue their own interests.
- Enforcement by the Texas Workforce Commission (TWC): The TWC is tasked with enforcing the state’s labor laws, ensuring adherence to wage and hour standards and providing recourse for employees to file complaints.
How to recognize if you have a case for wages and hours employment law discrepancies?
Unpaid Overtime
You have worked more than 40 hours in a workweek but have not received overtime pay, which is typically one-and-a-half times the regular rate of pay, as mandated by federal and most state laws.
Minimum Wage Violations
Your earnings fall below the federally or state-mandated minimum wage after calculating the total pay divided by total hours worked in a pay period.
Misclassification of Employment Status
You are classified as an “exempt” employee (not eligible for overtime) despite performing job duties that should categorize you as “non-exempt” under wage and hour laws.
Improper Deductions
Your employer makes deductions from your paycheck that are not legally permissible, such as for uniforms, mistakes, register shortages, or tools necessary for your job.
Working Off the Clock
You are required to perform job-related activities either before clocking in or after clocking out, effectively working without pay.