Texas Unpaid Overtime Lawyer
Our Unpaid Overtime Attorneys Fight for the Rights of Employees in Texas
At Bustos Law Firm, P.C., our Texas overtime attorneys are dedicated, dynamic, and have decades of experience advocating for workers. Overtime laws matter. If you were denied the overtime pay you earned in violation of the Fair Labor Standards Act (FLSA), professional guidance and support is just a phone call away. Contact our Texas overtime lawyer today for a free, no obligation consultation.
The Fair Labor Standards Act (FLSA) is the Basis of Overtime Law in Texas
Texas does not have its own independent overtime statute. Federal law, specifically the Fair Labor Standards Act (FLSA), is the basis of overtime laws in Texas. Under the FLSA, non-exempt employees must receive overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked beyond 40 in a specific week. Workers must be properly classified. Employers must prove that an employee meets the criteria for an exemption (executive exemption, administrative exemption, or professional exemption) by establishing that the specific worker satisfies both the salary basis test and duties test. If you were denied the full overtime pay you earned, a top-rated Texas employment lawyer can help you pursue compensation for your damages.
Compensation for Unpaid Overtime in Texas
Through an unpaid overtime claim under the FLSA, you have the right to seek compensation for the full scope of your damages. Notably, the federal overtime laws that apply in Texas provide robust remedies for workers who are denied legally required overtime compensation. Here is an overview of what you may be entitled recover in compensation:
- All Wages You Were Actually Due: To start, an employer in Texas that violates 29 U.S.C. § 207 becomes liable for the full amount of unpaid overtime wages. The foundation of your claim is the actual amount that you should have been paid by were not.
- Liquidated Damages: In unpaid overtime cases, liquidated damages is effectively double back pay. A worker who brings a successful claim in Texas is entitled to liquidated damages in an amount equal to the unpaid overtime. That means a double. To stop liquidated damages as a remedy, an employer must prove that they acted on good faith and reasonable grounds in not paying proper overtime.
- Attorneys’ Fees and Cost Costs: In unpaid overtime cases that go to court, fee shifting is mandatory. A worker can recover reasonable attorneys’ fees and litigation costs. That could make a significant difference in your overall compensation.
Why Workers Trust Our Texas Overtime Attorneys
Bustos Law Firm, P.C. is a boutique law firm that specializes in representing workers in unpaid overtime cases. We represent employees across all industries in Texas. With an office conveniently located in Lubbock, our firm provides proactive advocacy to workers. Among other things, our overtime attorney Texas is prepared to help you pursue double back pay for overtime violations. Employers that violate the FLSA must be held accountable: Contact an overtime wage and hour lawyer today to get started.
Unpaid Overtime Claims in Texas: Frequently Asked Questions (FAQs)
Q. What should I do if I am not paid overtime?
A. Document everything. You can and should carefully document your hours and pay records. From there, you can report the issue to your employer. If it is not immediately remedied and/or if you are punished in any way (retaliation), you should pursue a legal action.
Q. What is the statute of limitations for unpaid overtime in Texas?
A. Two years. When you file an unpaid overtime claim, you can go back two years to calculate your damages. However, there is an exception for “willful” violations. A violation is willful if the employer knew or showed reckless disregard for whether its conduct violated the law. A willful finding extends the statute of limitations from two years to three years.
Q. Can multiple employees bring a single overtime case together in Texas?
A. Yes, employees may proceed through a collective action under 29 U.S.C. § 216(b). Workers must affirmatively opt in to participate in the case. If a large number of employees are affected by the same violation, a collective action may be the most effective approach.
Contact Our Texas Unpaid Overtime Attorney Today
At Bustos Law Firm, P.C., our Texas unpaid overtime lawyers are strong, experienced, and justice-driven advocates for workers. Did your employer fail to pay you the full and proper overtime that you earned? That is a violation of the law. We are here to help you get compensation. Call us at 806-696-8285 or contact us online for a free, no obligation consultation. With an office in Lubbock, we handle unpaid overtime claims in West Texas and throughout the broader region.