Wage theft — when employers fail to pay workers what they are legally owed — is one of the most common labor violations in Texas. From unpaid overtime to minimum wage violations and misclassification of employees as independent contractors, millions of dollars in wages are stolen from Texas workers every year. At Anderson Alexander PLLC, our Corpus Christi wage and hour attorneys fight to recover unpaid wages for workers throughout the Coastal Bend and Texas.

COMMON FORMS OF WAGE THEFT IN TEXAS

Unpaid overtime. The Fair Labor Standards Act requires employers to pay non-exempt employees one and a half times their regular rate for all hours worked over 40 in a workweek. Many employers try to avoid overtime pay through a variety of illegal practices including miscalculating the regular rate, requiring off-the-clock work, or improperly classifying employees as exempt.

Minimum wage violations. The federal minimum wage is $7.25 per hour. Texas does not have a higher state minimum wage. Employers who pay less than the federal minimum are violating federal law and can be held accountable.

Off-the-clock work. Requiring employees to perform work before clocking in, after clocking out, or during unpaid meal breaks without compensation is a form of wage theft that is surprisingly common in Texas industries including retail, food service, and manufacturing.

Misclassification as independent contractors. Employers sometimes classify workers as independent contractors rather than employees to avoid paying overtime, benefits, and employment taxes. If you are misclassified, you may be owed significant back pay plus additional damages.

Illegal deductions. Employers cannot make deductions from wages that bring a worker's pay below minimum wage, except in limited circumstances defined by federal and state law.

Tip theft. Employers who take tips from tipped employees or require tip pooling with non-tipped employees such as managers or kitchen staff may be violating federal law.

YOUR RIGHTS UNDER THE FAIR LABOR STANDARDS ACT

The FLSA is the federal law that governs minimum wage and overtime pay. Key provisions include that covered employees must be paid at least $7.25 per hour, non-exempt employees must receive overtime pay at one and a half times their regular rate for hours over 40 per week, employers must keep accurate time and pay records, and employers cannot retaliate against employees who report wage violations.

TEXAS PAYDAY LAW

In addition to federal protections, Texas has its own Payday Law that requires employers to pay wages on regular paydays and prohibits certain illegal deductions from paychecks. The Texas Workforce Commission enforces the Texas Payday Law.

HOW TO RECOVER STOLEN WAGES IN TEXAS

You have several options to recover wages your employer owes you. You can file a complaint with the Department of Labor's Wage and Hour Division. This is a free process that can result in recovery of back wages plus additional penalties. You can file a complaint with the Texas Workforce Commission for violations of Texas Payday Law. Or you can file a lawsuit in federal court. The FLSA allows employees to sue their employer for back wages, an equal amount in liquidated damages — effectively doubling your recovery — and attorney's fees paid by the employer.

Strict time limits apply. Most FLSA claims have a two-year statute of limitations, extended to three years for willful violations. Contact Anderson Alexander immediately if you believe your wages have been stolen.

WHY ANDERSON ALEXANDER FOR YOUR WAGE CLAIM

Austin Anderson and Clif Alexander are named to Super Lawyers and have extensive experience handling wage and hour claims for Texas workers. We represent individual employees and groups of workers in collective actions against employers who engage in systematic wage theft. You may have a stronger case than you realize — and you may be entitled to recover twice what you are owed plus attorney's fees.

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Call (361) 452-1279. Free consultation.