Best Wage & Hour Lawyers in Texas

About Wage & Hour Law in Texas, United States

Wage and hour law covers the rules and regulations that define how employees must be compensated for their work. In Texas, employees have certain rights regarding the payment of wages, overtime, minimum wage, and breaks. Although Texas follows federal wage and hour standards under the Fair Labor Standards Act (FLSA), the state has additional requirements and processes for enforcing wage payments and resolving disputes. Understanding your rights and obligations under Texas wage and hour law is crucial for both employees and employers to ensure fair treatment in the workplace.

Why You May Need a Lawyer

There are many situations where legal advice or representation in wage and hour matters becomes necessary. Some of the most common scenarios include:

• Unpaid or delayed wages, including last paychecks or commissions
• Failure to pay overtime wages for hours worked over 40 in a workweek
• Misclassification of employees as independent contractors or exempt status
• Minimum wage violations
• Retaliation or wrongful termination for asserting wage and hour rights
• Issues involving meal and rest breaks or working off the clock
• Paycheck deductions that may not be legal under Texas law

A wage and hour lawyer can help you understand your rights, gather relevant evidence, negotiate with your employer, and represent you in claims or lawsuits if necessary.

Local Laws Overview

Wage and hour issues in Texas are largely governed by federal law, but the state has its own regulations and procedures:

• Minimum Wage: Texas follows the federal minimum wage, which is currently $7.25 per hour. Some workers, such as tipped employees, may have different rates but must still earn at least the minimum wage when tips are included.
• Overtime: Non-exempt employees are entitled to overtime pay of one and one-half times their regular rate for hours worked over 40 in a week. Employers must comply with FLSA standards unless a specific exemption applies.
• Payday Law: The Texas Payday Law ensures that employees are paid in a timely manner and outlines specific deadlines for final paychecks after termination.
• Breaks and Meal Periods: Texas law does not require meal or rest breaks for adult employees, but federal law applies if breaks are offered. Certain industries or employees, such as minors, may have additional requirements.
• Wage Deductions: Texas employers can only make certain deductions from paychecks, such as taxes, court-ordered wage garnishments, or deductions expressly authorized in writing by the employee.
• Filing Complaints: Employees can file wage claims through the Texas Workforce Commission (TWC) for unpaid wages or other violations.

Frequently Asked Questions

What is the minimum wage in Texas?

The current minimum wage in Texas is $7.25 per hour, which matches the federal minimum wage. Some cities may have higher minimum wages for certain city employees or contractors, but most workers in Texas follow the federal rate.

Who is entitled to overtime pay in Texas?

Most hourly, non-exempt employees are entitled to receive overtime pay at one and one-half times their regular rate for any hours worked over 40 in a workweek. Some salaried employees and specific job types may be considered exempt under FLSA guidelines.

How quickly must employers in Texas pay final wages after termination?

If an employee is fired, the employer must pay all final wages within six calendar days. If the employee quits, resigns, or is laid off, final wages must be paid by the next scheduled payday.

Can my employer deduct money from my paycheck?

Employers can only make lawful deductions, such as taxes, court-ordered garnishments, or other deductions authorized in writing by the employee. Unauthorized deductions may be illegal under Texas Payday Law.

Does Texas require lunch or rest breaks?

Texas law does not require employers to provide lunch or rest breaks for adult employees. However, if breaks are offered and last 20 minutes or less, they must typically be paid. Special rules may apply for minors.

What should I do if my employer refuses to pay me?

If your employer refuses to pay earned wages, you can file a wage claim with the Texas Workforce Commission. It is also advisable to keep records of your hours worked, pay stubs, and communication with your employer.

What is the statute of limitations for wage claims in Texas?

Wage claims through the Texas Workforce Commission must generally be filed within 180 days of the date wages were due. Other legal claims may have longer or shorter deadlines depending on the issue.

Are tips counted towards minimum wage in Texas?

Yes, employers can count tips toward meeting the minimum wage requirement for tipped employees. If the total (wages plus tips) does not meet the minimum wage, the employer must make up the difference.

Is it legal to work off the clock in Texas?

No, employers cannot require or allow employees to work off the clock. All time worked must be recorded and paid, including overtime when applicable.

Can I be punished for reporting a wage and hour violation?

It is illegal for employers to retaliate against employees for reporting wage and hour violations or participating in an investigation. Retaliation can include termination, demotion, or other adverse actions.

Additional Resources

Several organizations and agencies can provide information, assistance, and support for wage and hour issues in Texas:

• Texas Workforce Commission (TWC) - The primary state agency handling wage claims and workplace complaints
• U.S. Department of Labor (Wage and Hour Division) - Federal enforcement and information on FLSA
• Equal Justice Center - Nonprofit offering legal help for wage and hour cases
• Local Legal Aid Organizations - Many areas of Texas have legal aid services for low-income workers
• State Bar of Texas - Offers lawyer referral services and general information about employment law

Next Steps

If you are experiencing wage and hour problems or believe your rights have been violated, consider taking the following steps:

• Gather documentation such as pay stubs, timesheets, employment contracts, and written communications
• Attempt to resolve the issue directly with your employer, if possible
• Consult with a lawyer who specializes in wage and hour law to discuss your options and receive personalized advice
• File a wage claim with the Texas Workforce Commission if direct resolution is unsuccessful
• Keep thorough records of all correspondence and actions taken related to your claim

Wage and hour laws are designed to protect workers and ensure fair pay. If you need legal assistance, reaching out to a qualified professional can help you protect your rights and achieve the best possible resolution.