As a paid worker in Texas, you are entitled to overtime pay when your timecard hits more than 40 hours per week. Unfortunately, some companies and businesses will try to avoid this by misclassifying your role or manipulating your hours or expectations of overtime. This practice is not only unjust, but illegal. If you believe you have fallen victim to being worked overtime without adequate payment, a dedicated Texas overtime lawyer can help review your case for you today.
Hodges & Foty, LLP, a seasoned law firm with over 40 years of combined experience and board-certified overtime attorney, stands as a beacon of hope for workers across the state of Texas. As specialists in wage and hour disputes, our firm proudly demonstrates an unwavering dedication to ensuring justice for those impacted by unfair labor practices. To see how our overtime lawyers can best be of service to you today, please do not hesitate to reach out by calling our office at (713) 523-0001 or by using our online contact form.
When is Working Overtime Considered Illegal?
In Texas, working overtime becomes illegal when it violates the state’s labor laws or the Fair Labor Standards Act (FLSA). This typically occurs when employers fail to pay eligible employees the appropriate overtime rate for hours worked beyond the standard 40-hour workweek. Under the FLSA, overtime pay is required to be at least one and a half times the employee’s regular rate of pay. Therefore, any instance where an employer neglects to compensate employees at this rate for overtime hours or deliberately misclassifies employees as exempt from overtime to avoid these payments is considered illegal. This can affect a variety of employees, including but not limited to the following:
- Nurses, healthcare workers, and technical workers
- Oil and gas workers, field workers, and field service technicians
- Call center or customer service employees
- Banking employees, including loan and mortgage officers
- Real estate appraisers
- Prison and security guards
- Retail store employees
- Computer and IT employees
- Waiters, waitresses, and other tipped employees
- Construction workers
- Accounting personnel
- Secretaries, payroll clerks, and general admin personnel
- Independent contractors
Furthermore, certain practices, such as pressuring employees to work off the clock or manipulating time records to show fewer hours worked, also constitute illegal overtime. These actions deny employees their rightful earnings and violate labor laws. In Texas, employees who face such illegal practices have the right to pursue legal action to recover their unpaid overtime wages. Legal intervention is often necessary to hold employers accountable and ensure fair compensation for all hours worked, including overtime.
How Long Do You Have to File a Claim?
Under the wage and labor laws of Texas, employers are responsible for any overtime wages that remain unpaid for up to 180 days from the date these wages were originally due. However, the timeframe for initiating an overtime claim under the Federal Fair Labor Standards Act is more extended. Individuals seeking to reclaim unpaid overtime wages must initiate legal action within two years of the employer’s wage violation. For example, initiating a lawsuit today would allow for the recovery of unpaid overtime wages only from the previous two (and in certain cases, three) years.
For instance, if you suspect that your employer has not paid you the correct overtime wages since January 1, 2020, and you file a lawsuit on June 1, 2023, you would only be eligible to claim unpaid wages from June 1, 2018, to June 1, 2020. The statute of limitations under the FLSA can extend to three years in cases where the employer’s violation is determined to be willful. An employer’s violation is considered willful if they either knew their actions were contrary to the FLSA or if they acted with reckless disregard for the law. Our team of Texas overtime attorneys are ready to help you throughout the entirety of this process and ensure you are fairly compensated for your employer’s blatant disregard for your future.
Schedule a Free Consultation and Case Evaluation Today
Navigating the complexities of overtime law, particularly in cases involving unpaid or miscalculated overtime wages, requires expert legal understanding and guidance. If you or someone you know has been affected by unfair overtime practices, the law provides avenues for redress and compensation. At Hodges & Foty, LLP, our overtime lawyers offer personalized legal counsel specifically tailored to the intricacies of your case in Texas, ensuring your employment rights are fully protected and your concerns are addressed.
Our firm possesses a wealth of experience in handling cases related to overtime disputes and employment law violations. We have successfully represented thousands of clients who have been denied their rightful overtime compensation. If you are seeking justice and proper compensation for unpaid overtime or related employment issues, please do not hesitate to reach out to one of our overtime attorneys at (713) 523-0001 or through our online contact form.
