Federal and state laws establish clear overtime requirements protecting San Antonio employees from wage theft and exploitation by employers who attempt to avoid paying legally mandated rates. When employers violate wage laws, you need an attorney who can take action to recover unpaid compensation. Call The Galo Law Firm at (210) 764-6135 to schedule a confidential consultation with a Board-Certified San Antonio labor and employment lawyer who can evaluate your claim and start the process to recover a settlement.
Federal Overtime Laws
The Fair Labor Standards Act sets federal rules for overtime pay for most U.S. workers. Under the FLSA, non-exempt employees must receive one and a half times their regular rate for hours worked in excess of 40 in a workweek. The law applies to businesses engaged in interstate commerce or with annual revenues over $500,000, covering most employers in San Antonio.
Texas Overtime Pay Laws
Texas law requires employers to pay overtime compensation consistent with federal FLSA standards for hours worked beyond 40 per week. Texas law does not mandate daily overtime pay, meaning employers are not required to pay premium rates simply because an employee worked more than eight hours in a single day.
However, Tex. Lab. Code § 21.055 prohibits employers from retaliating against workers who assert their wage rights or who file complaints about unpaid overtime.
Overtime Eligibility in San Antonio, Texas
Your eligibility for overtime pay depends on your classification as either exempt or non-exempt under federal labor laws. Employers bear the burden of proving that workers qualify for exemptions from overtime requirements:
- Non-Exempt Employees: Most hourly workers automatically qualify as non-exempt and are entitled to receive overtime pay for hours exceeding 40 per week. Non-exempt status applies regardless of how much you earn per hour, and employers cannot waive overtime rights through employment agreements.
- Exempt Employees: Employees in executive, administrative, professional, computer, and outside sales roles may be exempt from overtime if they meet certain salary and duty criteria. To qualify, they must earn above the minimum threshold and primarily perform duties classified as exempt under federal regulations.
Simply being given a salary or designated as a manager does not automatically exempt you from overtime protections. Courts examine the actual duties you perform rather than your job title when determining exemption status.
Common Ways Employers Violate Unpaid Overtime Laws
Many San Antonio employers engage in practices that illegally deny workers their rightful overtime compensation. Recognizing these violations helps you identify when your employer is violating wage laws. Common violations include:
- Misclassifying employees as exempt.
- Requiring off-the-clock work.
- Averaging hours across pay periods.
- Paying straight time for overtime hours.
- Offering compensatory time instead of overtime pay.
No matter how employers structure these violations, any practice that results in you receiving less than time-and-a-half for overtime hours breaks federal wage laws. We help workers identify these schemes and recover the full compensation to which they are entitled.
Steps to Take if You’re Owed Overtime Pay
Acting quickly when you suspect overtime violations safeguards your legal rights and strengthens your claim against your employer. There are several steps to take to pursue unpaid overtime compensation.
File a Complaint
You can file a complaint with the Department of Labor’s Wage and Hour Division, which investigates possible FLSA violations and can recover unpaid wages for you. Complaints can be submitted online, by phone, or in person at regional offices.
Keep Records
Keep thorough records of all hours worked, including dates, times, and tasks performed. Retain pay stubs, timesheets, emails about work schedules, and any communications with supervisors regarding overtime. Strong records provide essential evidence when disputing employer claims about hours worked or job duties performed.
Consult a San Antonio Employment Lawyer
Consulting with an experienced employment attorney helps you understand your rights, assess the strength of your claim, and determine the most effective strategy for recovering unpaid wages. Attorneys can handle negotiations with employers, file lawsuits when necessary, and protect you from retaliation.
How a San Antonio Employment Lawyer at The Galo Law Firm Can Help
Our San Antonio employment attorneys provide comprehensive representation for workers facing overtime pay violations. We handle every aspect of your case from initial evaluation through final resolution.
Case Evaluation
The Galo Law Firm reviews your job duties, pay records, and hours worked to determine whether you are entitled to overtime and if your employer violated wage laws. We assess your exemption status, calculate unpaid overtime, and track applicable statute of limitations deadlines. From this review, we outline your legal options and advise on the most effective strategy for your situation.
Investigation
Our team gathers evidence supporting your overtime claim through multiple channels. We build strong cases that demonstrate the full extent of violations and damages. Evidence we collect includes:
- Employment contracts and job descriptions.
- Pay stubs and W-2 forms.
- Time records and scheduling documents.
- Email and text message communications about work schedules.
- Witness statements from coworkers.
- Company policies and employee handbooks.
Thorough investigations reveal patterns of wage violations and identify other workers who may have similar claims. Class action lawsuits can sometimes provide an efficient mechanism for recovering unpaid overtime for groups of employees subjected to the same illegal practices.
Calculating Damages
We calculate the total compensation you deserve, including unpaid overtime wages, liquidated damages equal to the unpaid amount, interest, and attorney’s fees. Our calculations account for all overtime hours worked during the applicable limitations period, typically two years for standard violations or three years for willful violations. Accurate damage calculations ensure you seek full recovery rather than accepting inadequate settlement offers.
Negotiation and Litigation
We negotiate with employers and their insurance carriers to seek fair settlements that compensate you for all unpaid overtime without requiring lengthy litigation. When employers refuse reasonable settlements, we file lawsuits in federal or state court and aggressively litigate your claims. Our courtroom experience and track record motivate employers to make serious settlement offers rather than face a jury trial.
Protection Against Retaliation
The employment lawyers at The Galo Law Firm monitor your employer’s treatment of you throughout the claims process and take immediate legal action if retaliation occurs. Federal law prohibits employers from firing, demoting, reducing pay, or otherwise punishing workers who assert their overtime rights. Retaliation claims may result in additional damages, including reinstatement, back pay, and compensation for emotional distress.
Consult a Board-Certified San Antonio Labor & Employment Lawyer
Don’t let your employer get away with unpaid overtime. Call The Galo Law Firm at (210) 764-6135 to schedule a confidential consultation today with attorneys who will fight to recover every dollar of overtime pay your employer owes you.