In today’s fast-paced world, where we dedicate a significant portion of our lives to work, ensuring fair compensation and protecting our employment rights has become more important than ever. Contributing your talents to your employer and promoting your employer’s interests demonstrate your dedication. It is unfair, then, when your employer does not follow the law or the terms of your employment contract and does not pay you for the services you have provided.
Despite the numerous labor laws in place, wage and hour disputes continue to plague the workforce, leaving employees vulnerable and their hard-earned wages at stake. If you find yourself entangled in such a predicament in San Antonio, contact The Galo Law Firm, PC to speak to our San Antonio wage and hour dispute attorneys. Our Texas labor law attorneys have three decades of experience when it comes to employment law. We will fight aggressively to make sure you get the compensation you may be entitled to. Call us for an initial consultation at 210-361-8043 to ensure fair treatment and fight for justice.
In the San Antonio area, both minimum wage and overtime pay are enforceable by federal law. These laws are in place to ensure that all employees are treated fairly and equally and to minimize the abuse of employees.
Under the Fair Labor Standards Act, employees are entitled to 1.5 times an employee’s regular rate of pay for all hours worked extra after 40 hours in any given week, as mandated by the Texas Workforce Commission. There are no exceptions to this for any business or employee.
Essentially, this means that if you are paid $10.00 an hour and work 50 hours in the current work week, you should be paid $15.00 for the last 10 hours.
Minimum wage laws work a little differently, as they are based on the age of the employee. In San Antonio, the minimum wage age groups are as follows;
At The Galo Law Firm,PC, our experienced employment lawyers are used to seeing multiple claims per client when it comes to violations of wage and hour laws. Employers’ pay practices sometimes violate multiple minimum wage and overtime laws, and we will aim to ensure you get the maximum compensation possible, whether that’s through a trial or an out-of-court settlement.
The violations that our lawyers see the most, and have experience dealing with in court include:
If any of the above has happened to you, seek legal representation quickly. The longer employees leave these situations, the worse it gets and the harder it becomes to work out how much could be owed to an employee who has been abused in this manner.
Understanding Wage and Hour Disputes in Texas
As an employee, you have the right to overtime pay and a minimum wage. Federal law states that all employees must be paid a minimum wage, which is based on the age of the employee. Unfortunately, wage disputes and disputes about the number of hours worked are very common workplace issues that our lawyers deal with frequently.
In Texas, these disputes typically arise when an employee feels that their employer has violated state or federal labor laws regarding wages, overtime, or other compensation-related matters. These disputes can be complex and multifaceted, making it essential to seek legal assistance to navigate through the intricacies.
The problem is that many employers are accidentally or purposely neglectful of these laws. If this is the case, the employer has broken both state and federal laws and our lawyers can take them to court for their neglectful actions.
Wage and hour disputes can encompass a wide range of issues, including nonpayment of sales commission upon termination, employer demands labor without pay or off the clock, excessive overtime, failure to follow legally binding employment contract terms, employer refusal to pay overtime wages, unpaid wages, and unpaid overtime, failure to pay the minimum wage, misclassification of employee status, and illegal payroll deductions.
One common issue that arises in wage and hour disputes is the nonpayment of sales commission upon termination. This occurs when an employee, who is entitled to receive a commission for their sales, is not paid the full amount upon leaving the company. This violation can have a significant impact on an employee’s financial well-being and can lead to legal action.
Another violation that employees often encounter is when their employer demands them to work without pay or off the clock. This can include tasks such as attending mandatory meetings, completing paperwork, or performing other job-related duties outside of regular working hours. Such demands can result in employees working longer hours without receiving proper compensation.
Excessive overtime is a common wage and hour violation that occurs when an employer requires an employee to work more than the legally mandated hours without providing appropriate compensation. This violation can lead to physical and mental exhaustion, affecting an employee’s overall well-being and work-life balance.
Employment contracts are legally binding agreements between employers and employees that outline the terms and conditions of employment. When an employer fails to follow these terms, such as not providing agreed-upon benefits, bonuses, or vacation time, it can result in a wage and hour dispute. Employees have the right to seek legal recourse if their employer breaches the terms of their employment contract.
Under Texas labor laws, non-exempt employees are entitled to receive overtime pay for any hours worked beyond the standard 40-hour workweek. However, some employers may refuse to pay the legally required overtime rates, resulting in a wage and hour dispute. Employees should be aware of their rights and consult with our San Antonio employment lawyers at The Galo Law Firm, PC if they believe they are not receiving proper overtime compensation.
One of the most straightforward wage and hour violations is the nonpayment of wages or overtime. This can occur when an employer fails to pay an employee their regular wages or the additional compensation owed for overtime hours worked. Unpaid wages and unpaid overtime can have severe financial consequences for employees, making it crucial to address these disputes promptly.
Every employee in Texas is entitled to receive at least the minimum wage set by state and federal laws. When an employer fails to pay the minimum wage, it is a violation of wage and hour laws. Employees should familiarize themselves with the current minimum wage rates and take action if they believe their employer is not complying with these regulations.
Employee classification is an essential factor in determining wage and hour rights. Misclassification occurs when an employer categorizes an employee as exempt from overtime pay when they should be non-exempt. This misclassification can result in employees being denied overtime compensation for hours worked beyond the standard workweek. Employees must understand their correct classification and seek legal advice if they suspect misclassification.
Employers are not allowed to make unauthorized deductions from an employee’s wages. Deductions can only be made for specific reasons, such as taxes, insurance premiums, or court-ordered garnishments. When an employer makes illegal payroll deductions, it can lead to a wage and hour dispute. Employees should carefully review their pay stubs and consult with an attorney at our law office if they suspect unauthorized deductions.
When facing complex wage and hour disputes, having the right legal representation can make a significant difference in the outcome of your case. The Galo Law Firm, PC, a team of experienced and dedicated wage and hour dispute attorneys, understands the intricacies of labor laws and has a proven track record of success in advocating for fair compensation and employment rights of employees in San Antonio. By choosing The Galo Law Firm, PC, you can rest assured that your case will be handled with the utmost professionalism and experience, maximizing your chances of a favorable outcome.
The statute of limitations for filing a wage and hour claim in Texas typically depends on the specific violation and the legal basis of the claim. For example, claims for unpaid minimum wage or unpaid overtime under the Fair Labor Standards Act (FLSA) generally have a two-year statute of limitations, which can be extended to three years if the violation is found to be willful.
Employers are generally required to compensate employees for travel time in certain situations, but the rules can be complex. In general, time spent traveling from home to the regular workplace (the “commute”) is not considered compensable. However, travel time that occurs during the workday, such as travel between job sites or when traveling for work-related tasks, is typically considered compensable and should be paid by the employer. The specific circumstances of the travel and the nature of the job can influence whether it should be compensated.
Employment retaliation for filing a legitimate wage and hour claim is prohibited by federal and state laws. Employers are not allowed to terminate an employee’s employment, reduce their hours, or take any adverse action against them in response to the employee filing a wage and hour claim or participating in an investigation or legal proceedings related to wage and hour violations. If an employer retaliates against an employee for asserting their rights, the employee may have legal grounds to pursue a retaliation claim in addition to their wage and hour claim.
Misclassification of exempt or nonexempt status is a common wage and hour issue. To determine if you have been misclassified as an exempt employee, you should consider factors such as your job duties, salary, and whether you meet the criteria established by the Fair Labor Standards Act (FLSA). If you believe you are misclassified, consult with our employment attorneys at The Galo Law Firm, PC who can assess your situation and provide guidance on how to challenge the classification.
Wage and hour claims typically require that the employee’s identity be disclosed to the employer and potentially to relevant government agencies and the court if legal action is taken. While there may be certain protections in place to maintain confidentiality during the early stages of a claim, such as when filing with the Department of Labor, anonymity may not be maintained throughout the entire process.
The Galo Law Firm, PC assists employees in disputes with their employers over many wage and hour issues. If you believe you are eligible for overtime pay and your employer disagrees, we can help. If you have questions regarding your rights as a nonexempt employee, we can answer your questions. If your employer claims the legal right to ask you to work off the clock or pay you a wage below the minimum wage, let us know.
We can file overtime pay and other complaints with the Wage and Hour Division of the U.S. Department of Labor, and we can handle your retaliation and collective action legal suits. We also represent employers for all wage and hour issues, and our experience representing a variety of parties gives us a unique insight into any wage and hour dispute. Contact our San Antonio unpaid wages and overtime lawyers at 210-361-8043 to discuss your case and take the first step toward getting the compensation you rightfully deserve.
Covid 19 Notice:
Office open during these times and available via video conference or Skype if necessary.