WAGE & HOUR CLAIMS

Pay

The Texas Payday Law requires private employers to pay its employees in a timely manner.  The law also provides a remedy for employees to file against their employer who fails to pay wages owed.

Overtime

The Fair Labor Standards Act (FLSA or the Act) is a federal law that establishes overtime pay, minimum wage, equal pay, recordkeeping, and child labor rules for many employees.  Of these the overtime provisions of the FLSA stand out the most.
The FLSA does not impose a cap on the hours that an employee can work each week, nor does it require breaks or vacations. However, it does require that a covered, non-exempt employee be compensated at a rate of one-and-one-half times her regular hourly rate of pay for all hours actually worked over forty in a standard seven-day work period.  Paid time off for illness or vacation does not generally count towards the 40 hours.

Sometimes employers make mistakes regarding an employee’s pay such as: (1) misclassifying non-salaried employees as salaried; (2) giving employees time off when overtime pay was due; (3) requiring or allowing employees to work “off the clock”.  For example, the Department of Labor rules provide that any employee who earns less than $455 a week ($23,660 a year) is entitled to overtime pay, regardless of the employee’s job classification as “salaried.”  Even if you make more than $455 a week, you may still be entitled to overtime pay. 

Special rules apply to certain occupations.  Please consult with an employment attorney to check if different rules apply to your occupation.

Carabin & Shaw can help you determine whether you are entitled to overtime pay you have not received and assist you in obtaining it.

If you are owed wages for worked performed and your employer failed to pay, please contact THE LAW OFFICE OF GLENN LEVY, we will be able to assist you with your claim.