Houston, Texas Overtime Wages Attorney
What law covers overtime pay in Texas?
The Fair Labor Standards Act (FLSA) is the federal law which requires that employees who work more than forty hours in a work week receive overtime compensation for every hour worked over 40 hours in that week.
Employers who violate overtime pay laws can be sued by the employee for the unpaid time. Many overtime cases are filed by groups of employees together, against the same employer, also known as collective or class actions.
If you are in the Houston area, contacting a skilled overtime compensation attorney can help you determine what legal options are available to you.
It is important to note that an employer is prohibited from retaliating against an employee who decides to file or join a lawsuit for unpaid overtime compensation. If retaliation does occur (such as getting demoted or terminated after filing an FLSA lawsuit), the employer may face additional claims in a civil lawsuit for retaliatory wrongful termination.
Am I eligible for overtime pay in Houston?
Often employees know they work over 40 hours per work week but are unsure if they are entitled to overtime compensation. This can be because the employer has provided incorrect information, telling employees they are exempt from receiving overtime compensation, even if that is not the case.
Salaried employees also often believe that receiving a set amount of pay weekly or yearly disqualifies them from receiving overtime compensation. This is also untrue as both hourly and salaried employees can be entitled to overtime compensation.
Call Leeds Law Firm, PLLC at 713-322-9626 to schedule a consultation with a lawyer today.
Case Types
What is the difference between an independent contractor and an employee?
True independent contractors are considered in business for themselves and are not subject to overtime laws. However, many individuals are misclassified as independent contractors and are really employees. Employers often misclassify employees because they are not knowledgeable of the laws or purposely misclassify workers to avoid paying overtime compensation.
If this type of misclassification occurs, an individual could be owed hours of overtime compensation because he/she is really an employee and the employer is required to pay overtime under the FLSA.
Do I need to get a Houston overtime lawyer?
How long does an employee have to make a claim for overtime compensation in Texas?
This is because claims to recover unpaid overtime pay are subject to a look-back time period of limitations. This means that you may only recover unpaid overtime compensation for the period of time 2 or 3 years back from the date the overtime lawsuit is filed.
Example Overtime Claim
. Employee A worked for ABC company for two years, starting on May 18, 2014 and ending his employment on May 18, 2016. Employee A knew that he may be owed overtime compensation, but he waited until May 18, 2019 to contact an attorney and inquire about filing a lawsuit.
. Even if Employee A filed the lawsuit on May 18, 2019 after contacting an attorney, he would have lost the total value of his claim because 3 years passed since he worked for ABC Company.
. If Employee A had contacted an attorney and filed a lawsuit on May 18, 2016 he would have been able to recover overtime compensation for the full two years he worked for ABC Company (looking back from the date he filed his lawsuit two years).
As you can see from the example above, time is of the essence in preserving your overtime compensation claim. If you are uncertain as to whether you may be owed overtime compensation or you think that your overtime pay may not be calculated correctly, you should speak with an employment lawyer as soon as possible to discuss your particular situation.