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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.
There are many situations where legal advice or representation in wage and hour matters becomes necessary. Some of the most common scenarios include:
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.
Wage and hour issues in Texas are largely governed by federal law, but the state has its own regulations and procedures:
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.
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.
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.
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.
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.
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.
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.
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.
No, employers cannot require or allow employees to work off the clock. All time worked must be recorded and paid, including overtime when applicable.
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.
Several organizations and agencies can provide information, assistance, and support for wage and hour issues in Texas:
If you are experiencing wage and hour problems or believe your rights have been violated, consider taking the following steps:
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.
