Every hour you work, you deserve to be paid — and when your employer fails to pay you fairly, Texas and federal law provide powerful tools to recover what you are owed. Whether you are dealing with unpaid overtime, wage theft, or misclassification as an independent contractor, workers in South Texas have legal rights that most employers hope you never learn about.

Federal Law: The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is the primary federal law governing wages and overtime for most employees in the United States. Under the FLSA, most employees who work more than 40 hours in a workweek are entitled to overtime pay at one and one-half times their regular rate of pay. The FLSA also establishes the federal minimum wage. If your employer failed to pay you overtime, you may be entitled to recover up to twice the amount of unpaid wages — called "liquidated damages" — plus attorney's fees and costs. Our employment law page explains how FLSA claims work in South Texas.

Texas Payday Law: State Protections for Workers

In addition to federal protections, Texas workers are covered by the Texas Payday Law, which requires employers to pay all earned wages timely. Under the Texas Payday Law, you can file a wage claim with the Texas Workforce Commission within 180 days of the date your wages were due. This covers unpaid regular wages, promised bonuses, and commissions — but not overtime pay. For overtime violations, you must rely on the FLSA. Visit our wage and hour page for more details on Texas wage protections.

Common Wage and Hour Violations in South Texas

South Texas workers face a range of wage theft practices. Misclassification as an independent contractor is among the most common — employers label workers as contractors to avoid paying overtime and benefits, even when the workers would qualify as employees under the law. Off-the-clock work violations occur when employers require tasks before clocking in or after clocking out, such as equipment setup or safety inspections. Automatic deductions that reduce pay without actual breaks being provided are illegal. Tip credit violations occur when employers fail to properly apply tip credits or don't inform employees. Our employment law page covers all of these violation types.

Energy Sector Wage Violations

Workers in South Texas's oil and gas, refinery, and maritime industries are particularly vulnerable to wage violations. Some employers misclassify workers as independent contractors or exempt executives to avoid overtime. If you work in energy-related industries and suspect you are not being paid fairly, contact us immediately for a confidential evaluation.

FLSA Statute of Limitations: Act Quickly

For standard FLSA violations, the statute of limitations is two years from the date of the violation. However, if the violation was "willful" — meaning your employer knew or recklessly disregarded whether their conduct violated the FLSA — the deadline extends to three years. Each paycheck in which you were underpaid may represent a separate violation, so the further back you can reach, the more wages you may recover.

Class and Collective Actions

Many wage and hour violations affect not just one worker but many employees at the same company. The FLSA allows workers to bring a "collective action" where multiple employees join together to recover unpaid wages. Texas law may also allow class actions for related wage claims. These cases can be particularly powerful because they create pressure on employers to correct widespread violations and compensate all affected workers. Contact our contact page to discuss whether you may have a collective or class action claim.

Retaliation Is Illegal

Many workers fear reporting wage violations because they worry about retaliation. The FLSA specifically prohibits employers from retaliating against employees who file wage claims or participate in investigations. If you face retaliation — including termination, demotion, or harassment — for asserting your rights, you may have an additional legal claim against your employer.

Contact Anderson Alexander PLLC — Free Wage Claim Consultation

If your employer has failed to pay you fair wages in South Texas, Anderson Alexander PLLC can help. Super Lawyers rated attorneys Austin Anderson and Clif Alexander have experience handling FLSA claims and wage disputes throughout the Coastal Bend. There is no fee unless we win. Call (361) 452-1279 or visit our contact page. Office: 101 N Shoreline Blvd, Suite 420, Corpus Christi, TX 78401.