Wage & Hour/Overtime
When you commit your time and energy to performing a job, your employer must pay you the agreed-upon wage for your work. Federal law states that employers must pay non-exempt, hourly employees at an overtime rate— usually “time-and-a-half,” or 150% of the regular hourly rate, for any hours worked beyond the 40-hour week. If your employer is not adhering to this law and you are not being paid overtime, you may be entitled to compensation.
Paul N Jones Law Firm
National Representation across the United States
At Paul N Jones, a highly respected and experienced employment lawyer, he is used to seeing multiple claims per client regarding violations of wage and hour laws. Employers’ pay practices sometimes violate multiple minimum wage and overtime laws, and we will aim to ensure you get the maximum compensation possible, whether through a trial or an out-of-court settlement.
The violations that we see the most include:
- Employers are not paying minimum wage.
- Overtime hours that have not been paid or not been paid correctly.
- An overtime rate that has been miscalculated.
- Changing an employee’s position means paying them a different, usually lesser, wage.
- Rather than using tips correctly, some employers use tips to pay the wrong employee to save on their costs.
If any of the above has happened to you, seek legal representation quickly. The longer employees leave these situations, the worse it gets and the harder it becomes to work out how much could be owed to an employee who has been abused in this manner.
When you commit your time and energy to performing a job, your employer must pay you the agreed-upon wage for your work. Federal law states that employers must pay non-exempt, hourly employees at an overtime rate— usually “time-and-a-half,” or 150% of the regular hourly rate, for any hours worked beyond the 40-hour week. If your employer is not adhering to this law and you are not being paid overtime, you may be entitled to compensation.
Paul N Jones Law Firm
National Representation across the United States
At Paul N Jones, a highly respected and experienced employment lawyer, he is used to seeing multiple claims per client regarding violations of wage and hour laws. Employers’ pay practices sometimes violate multiple minimum wage and overtime laws, and we will aim to ensure you get the maximum compensation possible, whether through a trial or an out-of-court settlement.
The violations that we see the most include:
- Employers are not paying minimum wage.
- Overtime hours that have not been paid or not been paid correctly.
- An overtime rate that has been miscalculated.
- Changing an employee’s position means paying them a different, usually lesser, wage.
- Rather than using tips correctly, some employers use tips to pay the wrong employee to save on their costs.
If any of the above has happened to you, seek legal representation quickly. The longer employees leave these situations, the worse it gets and the harder it becomes to work out how much could be owed to an employee who has been abused in this manner.
Wage & Hour/Overtime
As an employee, you have the right to overtime pay and a minimum wage. Federal law states that all employees must be paid a minimum wage based on their age. Unfortunately, wage disputes and disputes about the number of hours worked are common workplace issues that our lawyers deal with frequently.
Minimum Wage
Minimum wage laws work a little differently, as they are based on the employee’s age. In Texas, the minimum wage age groups are as follows;
Under 20’s minimum wage: An employer may pay an employee under the age of 20 an hourly rate of $4.25 for up to 90 days of employment before increasing the rate. This is a “training wage” due to being a new employee.
Student Minimum Wage: Any employee enrolled in full-time high school or college must be paid a minimum of $6.16 an hour for up to 20 work hours per week.
Minimum wage: The minimum wage for employees who don’t fall into the above options (over 21 and not a student) is $7.25 an hour, making their overtime wage $10.88 an hour.
Tipped Employees
In Texas, the minimum wage for tipped employees is $2.13 per hour in cash wages, plus tips, regardless of age. The total earnings from base wage and tips must be at least $7.25 per hour.
The employer must make up the difference if the total earnings do not meet the federal minimum wage.
Penalties for non-compliance
Employees paid less than the minimum wage can file a wage claim with the Texas Workforce Commission or civil court.
Overtime Pay
Under the Fair Labor Standards Act, employees are entitled to 1.5 times an employee’s regular pay rate for all hours worked extra after 40 hours in any given week, as mandated by the Texas Workforce Commission. There are no exceptions to this for any business or employee.
This means that if you are paid $10.00 an hour and work 50 hours in the current work week, you should be paid $15.00 for the last 10 hours.
What You Need to Know Before Filing the Claim
The first thing you should know is that you have a specific time limit by which you have to start the claim process. If you want the Texas Workforce Commission to accept your claim, you must file it within 180 days of the unpaid wages being due.
Furthermore, a successful claim needs to fulfill a few other criteria. The TWC will deny your claim if:
- You’re an “independent contractor” and not “an employee.”
- You’ve not signed the declaration stating true facts (basically, they want you to sign you’re not committing perjury).
- Your employer is a close relative of yours.
- Your employer filed for bankruptcy.
- Your employer is the federal government, the State of Texas, or any of its political subdivisions.
Time to File Under Federal Law
Under the Fair Labor Standards Act (FLSA), you must typically file your lawsuit within two years of the date of your employer’s wage violation.
If the wage violation is ongoing, you can only recover unpaid wages for two years before filing your claim. For example, suppose you claim that your employer has failed to pay you minimum wage since January 1, 2021. If you wait until June 1, 2024, to file your lawsuit, you can only seek unpaid wages from June 1, 2021, to June 1, 2024.
The statute of limitations is extended to three years if your employer’s violation of the FLSA was willful. An FLSA violation is considered to be willful if the employer knew that its conduct was prohibited by the FLSA or showed reckless disregard as to whether its conduct was prohibited by the FLSA.
Consult an Unpaid Wages Attorney
Filing an official complaint for unpaid wages can seem daunting, but you must recover the money you’re owed. Paul N Jone will fight beside you and help you hold your employer responsible for their actions. Call us to schedule a consultation to discuss your case in greater detail with an unpaid wages lawyer.
Contact Paul N Jones Law Firm Today
Paul N Jones provides top-tier wage and hour violations in Mississippi, New Mexico, Arizona, Washington, D.C., Massachusetts, and Nationwide. We are here to help you through the process and will stand by you at every step as he dedicates himself to recovering the compensation you deserve. Get a free consultation today.
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