With just a handful of exceptions, all employees in Austin, Texas, are entitled to the federal minimum wage and overtime pay. While Texas does not have its own minimum wage, the state adheres to federal law, stating that hourly employees should receive at least $7.25 per hour. Even in roles where tipping is expected, an employer must ensure that the overall pay for hours worked meets this minimum requirement.
Similarly, overtime pay requirements dictate that overtime hours worked in Austin must be paid at 1.5 times the standard hourly rate. That may involve excess hours over and above 40 hours per week, or any additional time spent working outside contractual requirements.
If you need help with overtime pay or ensuring you’re paid the minimum wage at your job, our Austin employment attorneys can help. From fair wages to unpaid overtime, if something does not feel right, you should speak to an employment attorney.
At The Galo Law Firm, our Austin employment attorneys specialize in labor and employment law. Not only do our clients gain access to our vast experience in federal and state laws, but a personal, human touch that provides all the support needed to take a wage dispute to Texas employers.
Before making a claim against your employer, it is vital to understand the laws around overtime pay and the Texas minimum wage rate. Once you are comfortable with these rules, you’ll have a better idea of whether your employer may be in breach of overtime laws or must be instructed to pay minimum wage.
Texas does not have a specific state law surrounding overtime eligibility. Instead, this is handled at the federal level, according to the Fair Labor Standards Act (FLSA).
According to this act, it is the responsibility of the employer to meet overtime pay requirements, which stand at 1.5 times the employee’s normal hourly wage. Whether voluntary or encouraged to work mandatory overtime hours, an employee is entitled to an overtime rate of time and a half pay for anything over 40 hours worked each week.
As with overtime law, there is nothing specific in Texas regulations concerning the pay rate for hourly employees. Instead, the state defers to federal rules. The standard hourly rate for employees is $7.25 per hour, but there will always be some exemptions.
Laws around overtime and minimum wage for Austin employees extend further than Texas law alone. The Fair Labor Standards Act applies on a national level and covers federal overtime regulations, minimum wage, and a range of other workplace considerations such as recordkeeping and child labor.
Some state law directives ensure a minimum wage for everyone working in the state. In these cases, hourly wage earners receive whichever amount is higher. Texas does not have its own laws for a minimum regular hourly wage and, as such, reverts to the FLSA requirement, currently set at $7.25 per hour for all but exempt employees.
Not all businesses have to pay employees this minimum rate. A salaried employee is exempt, and there are further restrictions based on the employee themselves:
Anyone that does not fall into either of these categories, known as nonexempt employees, receives $7.25 per hour as a minimum, and time and a half according to overtime rules for a Texas overtime minimum wage of $10.88.
While the FLSA covers most Texas employees, some workers have no specific conditions around minimum wage or overtime. It is best to consult an employment attorney in Austin on your specific role if you are unsure, but some Texas jobs that are exempt from FLSA regulations include:
There are other exempt positions, and your Austin employment lawyer will be able to advise on how your role fits in with these rules. If you work in a role that may meet those criteria, such as a construction worker or transportation workers, you should seek professional advice at the earliest possible opportunity.
Conversely, some jobs receive specific treatment under the FLSA. For example, first-responders, such as police and paramedics, are afforded specifically offered overtime protection under the FLSA.
Not all companies intentionally breach employment law. Some are uninformed or merely take risks for their business. However, no matter the reasons, workers in Texas are entitled to be paid overtime wages based on a specific minimum wage. If you do not receive overtime pay, you may be entitled to compensation for unpaid wages or an otherwise fair settlement for lost earnings.
If you have been subject to any of the following, you may have a strong case:
If any of the above applies to you, you have a strong case to claim unpaid wages from your employer, or to find them in breach of overtime laws. It is vital to commence the attorney-client relationship as quickly as possible, as this will give your employment lawyer plenty of time to understand and build your case.
Our Austin employment attorneys understand that making a wage claim or claiming against an employer under overtime law can be challenging and stressful, and will involve confidential or sensitive information.
Even if you didn’t previously understand Texas overtime eligibility and have only recently found that you’re owed unpaid wages, the attorney-client relationship will ensure you receive what you’re owed. Even if you have already left a job, the Texas Payday Act covers anyone that works in return for compensation, and your lawyer’s legal specialization means they can track outstanding payments.
Our employment attorneys are experienced in working with courts, judges, and employers across Austin and throughout the state, and also work closely with the Texas Workforce Commission. If you have any concerns about the minimum wage or Tx overtime requirements, we can do much more than just point you in the right direction.
If you require representation to help get paid overtime wages or to recover unpaid wages, Galo Law Firm is here to help. Contact our Austin office for an initial consultation with an employment law attorney now at 210-361-8043.
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