Stiffed by your employer? The Fair Labor Standards Act is the federal law that sets minimum wage, overtime and minimum age requirements for all employers and employees.
If…
- Your employer fails to pay minimum wage or the agreed wage for the hours you worked (wage theft), or
- You are a victim of unlawful deductions or shorted hours, or
- You are forced to work off the clock,
…Then you have the right to file a claim for unpaid wages under the Fair Labor Standards Act.
Employees who are not appropriately compensated for time worked may file a lawsuit in court. Furthermore, they can file an administrative claim with the state’s labor department. The Texas Workforce Commission administers the Texas Payday Law. This sets the procedures employers must follow in paying employees, such as paying employees in full and on time-based on regularly scheduled paydays. Hence, withholding pay or promising pay at a later date is a violation of the Texas Payday Law.
Any employer who violates labor and wage laws may be subject to a fine or even prison time for multiple offenses. On the other hand, employees who bring a false claim against their employer may also be subject to fine.
Texas Legislature is currently considering three bills that would expand an employee’s rights to recover unpaid wages.
399
Texas House Bill 399 extends the deadline for employees to file a claim for unpaid wages with the Texas Workforce Commission. Consequently, the deadline would go from the current 180 days to 365 days.
106
Texas House Bill 106 prohibits an employer from retaliating against employees who seek recovery of unpaid wages.
48
Texas House Bill 48 creates a database of all employers penalized for failure to pay wages or convicted of certain offenses involving wage theft.
If you believe you may be a victim of wage theft, hire an unpaid wages attorney to handle your case. On the other hand, if you are an employer who has had a lawsuit or claim brought against you, hire an attorney that can help you navigate Texas employment laws. The lawyers at Rogge Dunn Group regularly handle litigation relating to Texas overtime laws, wage/hour claims and class action lawsuits. We work with our corporate clients to design payroll procedures that minimize the risk of overtime or minimum wage claims.
Contact the labor and employment lawyers at Rogge Dunn Group today.