Federal overtime law — the Fair Labor Standards Act — requires employers to pay most workers one and a half times their regular rate for every hour worked over 40 in a workweek. Violations are widespread in South Texas, especially in industries like oilfield services, healthcare, retail, and construction. Anderson Alexander PLLC's South Texas employment attorneys represent workers throughout Corpus Christi, the Coastal Bend, and South Texas in recovering unpaid overtime wages.

How the Fair Labor Standards Act (FLSA) Works

The FLSA (29 U.S.C. § 201 et seq.) is the federal law governing minimum wage and overtime for most private sector employees. Key requirements:

• Overtime threshold: 40 hours in a single workweek (not two weeks or a pay period)
• Overtime rate: 1.5 times the employee's "regular rate of pay" for each hour over 40
• Coverage: FLSA covers most employees at companies with annual revenue over $500,000, and all employees in healthcare, education, and certain other industries regardless of size
• No state exemption: Texas does not have a separate overtime law; FLSA governs

The employer bears the burden of compliance. It is the employer's responsibility to track hours accurately and pay correctly — not the employee's burden to prove they were underpaid.

Common FLSA Violations in South Texas

• Off-the-clock work. Employees required to perform tasks before clocking in or after clocking out — setting up equipment, completing paperwork, attending pre-shift meetings. This time must be compensated.
  
  
• Misclassification as "exempt." Not all employees are entitled to overtime. Certain executive, administrative, professional, outside sales, and computer employees may qualify for the "white collar" exemptions — but the exemptions have specific requirements that many South Texas employers misapply. Simply calling someone a "manager" or paying them a salary does not automatically make them exempt.
  
  
• Independent contractor misclassification. Workers classified as independent contractors are not entitled to FLSA overtime — but misclassification is rampant. The FLSA applies an "economic reality" test: if you are economically dependent on one employer who controls your work, you may be an employee regardless of what the contract says.
  
  
• Automatic meal break deductions without actual breaks. Employers cannot automatically deduct 30 minutes for a lunch break if the employee is actually working during that time.
  
  
• Oilfield and energy sector violations. Workers in South Texas's energy sector — including those paid a "day rate" — are frequently paid in ways that violate the FLSA. Day-rate workers may still be entitled to overtime. Anderson Alexander has significant experience with oilfield FLSA violations.
  
  

What You Can Recover in an FLSA Claim

Successful FLSA plaintiffs recover:

• Back wages — the overtime pay owed for up to two (sometimes three) years
  
  
• Liquidated damages — an additional equal amount in damages (effectively doubling the back pay) unless the employer can prove a good faith belief that their pay practice was legal
  
  
• Attorney fees and costs — paid by the employer, not deducted from the employee's recovery
  
  

The FLSA's fee-shifting provision is critical: employees can bring overtime claims without any upfront cost and without risking having to pay the employer's attorney fees if the case is lost.

FLSA Collective Actions: More Workers, More Power

The FLSA allows employees to bring collective actions — multiple workers with similar violations sue together in one proceeding. Collective actions are particularly common when an employer has a systematic policy (automatic deductions, blanket misclassification) that affects an entire workforce. Anderson Alexander evaluates cases for collective action potential, which increases both the pressure on the employer and the efficiency of recovery.

FAQ

Can my employer retaliate against me for filing an FLSA claim? No. The FLSA has an anti-retaliation provision. Firing, demoting, or reducing hours of a worker for asserting overtime rights is itself a separate FLSA violation.

What if I signed a contract saying I would not receive overtime? A private agreement to waive FLSA overtime rights is not enforceable. The FLSA sets a floor that cannot be contracted around.

How long do I have to bring an FLSA claim? Two years for ordinary violations; three years for willful violations. The clock starts running on each unpaid paycheck — not from when you left the job.

Anderson Alexander PLLC represents South Texas workers in FLSA overtime claims at no upfront cost. Call (361) 452-1279 — your employer pays our fees if we win.