Austin Wage & Hour Law Attorney

Understanding Wage & Hour Laws in Texas

The Fair Labor Standards Act (FLSA) sets federal guidelines for minimum wage, overtime pay eligibility, recordkeeping practices, and child labor standards. In addition to FLSA regulations, Texas has its own state-specific wage and hour laws that employers must adhere to.

We can help you understand these complex laws and how they apply to your situation. Whether you have concerns about unpaid overtime or believe you're being paid less than the minimum wage required by law - our skilled attorney is here to assist.

Wage Violations Cases We Handle

Our Austin employment lawyer can help with a variety of Texas wage violations, including:

In Texas, overtime laws mandate that employees receive compensation at a rate of one and a half times their regular pay rate for any hours worked beyond 40 in a workweek. However, certain employees, such as those in executive, administrative, or professional roles, may be exempt from these overtime provisions. It's important for both employers and employees to understand these regulations to ensure compliance and fair compensation for extra hours worked.

Learn more about how we can help you by contacting us online or calling (888) 333-7147 today!

What to Do if You Suspect Your Employer Isn't Complying with Wage and Hour Laws in Austin

As an employee in Austin, it's crucial to understand your rights regarding wage and hour laws. If you suspect that your employer is not complying with these laws, there are steps you can take to address the situation effectively:

• Educate Yourself: Before taking action, familiarize yourself with both federal and state wage and hour laws. Understand your rights regarding minimum wage, overtime pay, record-keeping requirements, and other relevant regulations.
• Seek Legal Assistance: If you suspect your employer may be violating your rights under wage and hour laws, you should seek legal guidance from an experienced Austin wage and hour law attorney. They can assess your situation, provide personalized advice, and represent your interests throughout the legal process.
• Keep Detailed Records: Maintain accurate records of your work hours, wages, and any instances where you believe your employer may be violating wage and hour laws. This documentation can serve as evidence if you need to file a claim or pursue legal action. But don’t worry if you don't keep records. You can usually still prove and win a case using estimates based on your best recollection.
• File a Complaint: If your employer fails to address your concerns, you can file a lawsuit in court or a complaint with the appropriate government agency.
• Lawsuit: A lawsuit in court is usually the most powerful way to hold an employer accountable. It’s also the best way to recover the maximum possible damages that you have a right to claim. But it’s very difficult to win in court without a lawyer.
• TWC Wage Claim: In Texas, the Texas Workforce Commission (TWC) handles certain wage claim disputes. The TWC can only investigate claims on behalf of employees, not independent contractors, and only for wages that were due within the last 180 days before you file your claim. They can investigate your case and order the company to pay if they find evidence of violations. But there may be disadvantages to filing with the TWC, depending on the circumstances. For example, they’re often backlogged and take months to complete an investigation. TWC investigators aren’t lawyers; their investigations are pretty limited; and they often get things wrong. And the TWC can’t award all the same damages that you can seek in court under the Fair Labor Standards Act (FLSA). If the TWC decides your wage claim and it becomes final, you may be barred from relitigating the same or related claims in court.
• DOL Complaint: For violations of the FLSA’s minimum wage and overtime laws, including tip violations, you can also file a complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL). The DOL doesn’t investigate every complaint it receives, but only focuses on those it considers high priority. They might or might not investigate your complaint. If they find a violation, they will try to convince the employer to pay your back wages voluntarily. Sometimes they succeed in recovering some (often not all) of the employees’ back wages, and sometimes they don’t. That’s why it’s best to talk to a lawyer before filing any claims with government agencies. A lawyer who specializes in wage claims can advise you on your options and strategy.

Can You Be Fired for Filing a Wage and Hour Claim in Texas?

In Texas, and throughout the U.S, employees are protected from retaliation for asserting their rights under the Fair Labor Standards Act (FLSA) and certain other wage and hour laws. This means that employers are prohibited from firing, demoting, or otherwise retaliating against employees for filing a wage and hour claim, participating in an investigation, or asserting their legal rights–depending on the nature of the claim or violation.

However, it's important to understand that retaliation can still occur, even though it's unlawful. Some employers may attempt to retaliate in subtle ways, such as reducing hours, assigning undesirable tasks, or creating a hostile work environment. If you believe you have experienced retaliation for filing a wage and hour claim, you may have the right to take legal action against your employer.

Is There a Statute of Limitations for Filing a Wage and Hour Claim in Texas?

Yes, there is a statute of limitations for filing a wage and hour claim in Texas. The default statute of limitations for an overtime or minimum wage claim under the Fair Labor Standards Act (FLSA) is two years, although it can be extended to three years if the jury finds the company willfully violated the FLSA. That means you can only seek your unpaid wages on paychecks that were due within the last two, or possibly three, years counting back from the day you file a lawsuit. So, if you don't file suit in time, your claim begins dwindling down as you pass the two- or three-year anniversary of each paycheck.

The statute of limitations on a breach of contract claim in Texas is 4 years.

The deadline to file a wage claim with the Texas Workforce Commission (TWC) is  180 days from the date the wages were due to be paid.

It's essential to act promptly if you believe your rights have been violated. Failing to file a claim within the statute of limitations could result in the loss of your ability to recover unpaid wages or seek other remedies.

Consequences for Violating Wage and Hour Laws in Texas

Employers who violate wage and hour laws in Texas may be required to pay:

• Back pay: Employers may be required to pay employees the wages they are owed, such as back pay for any unpaid overtime or minimum wage violations.
• Liquidated “Double” Damages: If you win a claim under the FLSA, the default rule is that the employer must pay “liquidated damages” in an equal amount to the minimum wage or overtime violations. In other words, they end up paying twice what they should have paid in the first place. If a judge finds that the employer had a good-faith, reasonable basis for believing they were in compliance, the judge could reduce or eliminate the liquidated damages.
• Legal Costs and Attorney's Fees: Employers found liable for wage and hour violations may be responsible for covering the legal costs and attorney's fees incurred by the employees who brought the claim against them.
   

Contact Our Austin Wage & Hour Lawyer Today

If you believe that your rights have been violated, please contact us immediately. Our Austin wage & hour law attorney is ready to evaluate your case and guide you through the legal process. At Fair Labor Law, we believe that every employee deserves fair treatment and compensation. Don't let wage theft or other unfair labor practices go unanswered. Stand up for your rights with the help of Fair Labor Law.

Contact Fair Labor Law by calling (888) 333-7147 today to get started with our Austin wage & hour law attorney.