Unpaid Overtime Lawyer in Seguin, TX
Seguin Employment Lawyers for Wage and Hour Claims
At Leichter Law, we understand the importance of a fair day’s pay for a fair day’s work. If you’re in Seguin, Texas, and believe you are owed unpaid overtime, our experienced employment lawyers are here to help you pursue your unpaid wages claim. Unpaid overtime claims can arise in a variety of industries, and our team of skilled attorneys has the knowledge and dedication to fight for your rights. If your employer has denied you overtime pay that you earned, contact an unpaid overtime lawyer in Seguin, TX, today. An employment lawyer with our firm will have extensive experience handling cases involving employment law in Texas. To schedule your free consultation with us, please call our office at 512-495-9995 today. You can also schedule an appointment online by clicking the button below.
What Is Unpaid Overtime in Seguin, TX?
Unpaid overtime occurs when an employer fails to compensate an eligible employee for the hours worked beyond the standard 40 hours per workweek. Unpaid wages are a form of wage theft.
Under both federal and state law, most employees are entitled to receive overtime pay at a rate of 1.5 times their regular hourly wage for each hour worked over 40 in a given workweek. This is to ensure that employees are adequately compensated for their extra efforts and to encourage employers to limit excessive work hours.
Are Certain Jobs Exempt from Overtime Pay in Texas?
While most employees are entitled to overtime pay, there are specific exemptions defined by federal and state law. Employees classified as exempt are not eligible for overtime pay. However, it’s crucial to remember that employers often misclassify workers as exempt when they should be nonexempt. If you believe you’ve been wrongly classified, you may still be entitled to overtime wages.
Exempt vs. Nonexempt Workers
Exempt Employees: Exempt employees are typically salaried and not entitled to receive overtime pay. They are exempt from overtime requirements because they perform specific job duties and are paid on a salary basis, typically above a certain minimum threshold. However, not every salaried employee is exempt from being paid overtime just because they are salaried.
Nonexempt Employees: Nonexempt employees are generally paid hourly and are eligible for overtime pay when they work more than 40 hours in a workweek. Nonexempt employees can be further classified as hourly or day-rate workers, and they are generally entitled to overtime pay.
Important Federal Overtime Laws
Understanding the federal laws that govern unpaid overtime claims is crucial for Seguin employees. The primary state or federal law that regulates overtime pay is the Fair Labor Standards Act (FLSA).
The Fair Labor Standards Act (FLSA)
The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for both the private and public sectors. Key provisions of the FLSA include the following.
The FLSA sets the federal minimum wage, which employers must pay to nonexempt employees. States may also set their own minimum wage, and in Texas, the state minimum wage aligns with the federal rate.
The FLSA mandates that eligible nonexempt employees receive overtime pay at a rate of 1.5 times their regular hourly wage for hours worked beyond 40 in a workweek.
Employers are required to maintain accurate records of their employees’ hours worked, wages paid, and other relevant information.
The FLSA includes restrictions on child labor, such as age requirements and prohibited hazardous occupations for minors.
What Are Workers’ Rights Under the FLSA?
As a worker in Seguin, Texas, it’s essential to be aware of your rights under the FLSA. You have the right to receive overtime compensation at the appropriate rate for all hours worked beyond 40 in a workweek unless you fall into an exempt category. Your employer must also pay you at least the minimum wage, whether set by federal or state law, whichever is higher.
Employers must keep accurate records of your hours worked, wages paid, and other relevant information. It is also illegal for employers to retaliate against employees who assert their rights under the FLSA or file unpaid wage claims.
Lastly, the FLSA allows employees to join together to pursue unpaid wage claims collectively, which can be a powerful tool for employees seeking justice.
Can Employers Fire Workers for Filing Unpaid Wage Claims?
No, employers cannot legally terminate or retaliate against a worker for filing an unpaid wage claim. Under the FLSA, employees can assert their rights without fear of losing their jobs or facing other adverse employment actions. If you experience retaliation for asserting your rights, you may have additional legal claims against your employer. Contact an overtime lawyer with our firm about your case today.
What Are Common Ways in Which Employers Deny Overtime Pay?
Employers may use various tactics to deny employees their rightful overtime pay, including the following.
Incorrectly classifying employees as exempt when they are, in fact, nonexempt.
Encouraging or requiring employees to work off the clock or during breaks without compensation.
Implementing alternative workweek schedules without adhering to the legal requirements, which may exempt certain hours from overtime pay.
Substituting comp time (time off in lieu of overtime pay) for nonexempt employees, which is typically illegal under the FLSA.
If you have unpaid wages, contact our unpaid overtime attorneys as soon as possible to file a claim.
Which Types of Workers Often Have Unpaid Wage Claims in Texas?
Unpaid wage claims can affect workers across various industries. An unpaid wages lawyer with our law firm will have seen unpaid wages claims arise from virtually every industry in Texas. Some common examples include the following.
Call Center Employees
Many call center employees are nonexempt and eligible for overtime pay. However, employers may attempt to avoid paying overtime by misclassifying employees, asking them to work off the clock, or not accurately tracking overtime hours worked.
Custodial and Janitorial Workers
Custodial and janitorial employees are frequently nonexempt and may work irregular hours, making it important for employers to track their time accurately and pay overtime when necessary. Unpaid overtime claims often arise in these industries due to misclassification or off-the-clock work.
Day-Rate Workers and Independent Contractors
Day-rate workers and independent contractors should be paid for all hours worked, and they may also be entitled to overtime pay. Employers sometimes misclassify these workers to avoid paying overtime. They may also misclassify other employees as independent contractors, so they may be denied overtime.
Hourly and Salaried Employees
Both hourly and salaried employees can experience unpaid overtime claims if their employers fail to pay them overtime when they work beyond 40 hours in a workweek. This is true as long as they are not considered exempt employees.
How Can I Sue for Unpaid Overtime in Seguin, TX?
If you believe you are owed unpaid overtime in Seguin, Texas, you can pursue legal action against your employer. Below, we outline the general steps of an unpaid wage claim.
If you believe you are owed unpaid overtime in Seguin, Texas, you can pursue legal action against your employer. Below, we outline the general steps of an unpaid wage claim.
- Consult an Attorney: The first and most crucial step is to consult an experienced employment attorney skilled in wage and hour claims. An attorney can evaluate your situation, determine whether you have a valid claim, and guide you through the legal process.
- Gather Documentation: It’s essential to gather all relevant documentation, such as pay stubs, timesheets, employment agreements, and any correspondence with your employer related to overtime issues. This documentation will be crucial in supporting your case.
- Negotiate or Litigate: Depending on the circumstances of your case, you could negotiate a settlement with your employer or pursue litigation in court. Your attorney will advise you on the best course of action to maximize your recovery.
- Collect Your Overtime Pay: If your claim succeeds, you should receive the unpaid overtime wages you are owed, plus potential damages, attorney fees, and court costs.
Contact a Seguin Unpaid Overtime Attorney at Leichter Law Today
If you believe you are owed unpaid overtime or have experienced other wage and hour violations, the skilled employment attorneys at Leichter Law are here to help. We are dedicated to protecting the rights of workers in Seguin, Texas, and ensuring they receive the compensation they deserve.
Contact us today to schedule a consultation and discuss your unpaid overtime claim. Our experienced attorneys will evaluate your case and guide you through the legal process, working tirelessly to help you recover the unpaid wages you are entitled to. Don’t let your employer deny you the compensation you’ve earned—take action and seek justice with the Leichter Law Firm.
To schedule your free consultation with us, please call our office at 512-495-9995 today.
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