Houston Wage & Hour Claims Lawyer
Workers throughout Houston dedicate themselves to their employers each day. When someone contributes their time and talents to an employer, they deserve to be paid fair wages. Both state and federal law protect workers if their employer fails to provide proper wages or fails to pay an employee at all. At Padilla & Rodriguez, LLP, our Houston wage and hour attorneys are here to help if your employer has failed to provide minimum wage, has not paid commissions, or has not provided required overtime.
Choose Padilla & Rodriguez, LLP To Help With This Case
When you have been paid unfairly, or not paid at all, you need assistance from an attorney with vast experience handling these cases. Padilla & Rodriguez, LLP is ready to help.
- We have more than 70 years of combined legal experience helping workers stand up for their rights, and we have the time and resources necessary to devote to each case.
- We always put the client’s interest before anything else, and we have no problem taking a case to trial if that is what it takes to secure full compensation.
- We take wage and hourly cases on a contingency fee basis. This means clients pay no out-of-pocket costs related to their case and will only owe legal fees after we recover the compensation they deserve.
Why Do You Need An Attorney For These Cases?
Unfortunately, those who have been the victim of illegal or fraudulent wage or hourly cases often do not have the resources necessary to conduct a full investigation into their case and secure compensation for their losses. However, a Houston wage and hour attorney will be able to obtain all evidence related to the claim, including employer records, internal company communication, statements from witnesses, and more.
An attorney will handle all communications in the case, and will vigorously negotiate on behalf of their client in order to secure all compensation owed as well as any interest or penalties involved with the violation.
How Do You Know If You Have A Wage Dispute?
There are various ways in which wage and hourly cases arise where an employee may be able to file a lawsuit to recover damages. This can include the following:
- A failure of an employer to pay minimum wage
- Underpaying tipped employees
- Failing to pay overtime
- Not paying a worker regularly
- Failing to paid earned commissions
- Unlawful payroll deductions
Most employers understand they are required to pay at least minimum wage and overtime (if applicable). However, it may be the case that some employers mistakenly believe that their workers are not entitled to minimum wage or overtime. This can particularly be the case for employees on salary when their employer does not think they should receive overtime.
What Is The Minimum Wage In Texas?
Every state is allowed to set its own minimum wage and hour laws along with guidelines under the federal Fair Labor Standards Act (FLSA). Many states set a minimum wage that is higher than the federal minimum of $7.25 an hour. However, Texas does not have a state minimum wage, which means that all employers in this state must abide by the federal minimum wage.
Most workers, with a few exceptions, are entitled to overtime pay if they work more than 40 hours per week. This pay should be one and one-half times a person’s regular hourly wage.
Are There Any Overtime Exemptions?
Under the FLSA, some employees are exempt from receiving overtime pay. Employees who earn $455 per week, are paid on salary, and meet one of the following exemptions, are not entitled to overtime pay:
- Executive employees, such as those whose primary duty is managing a company or employees.
- Administrative employees whose primary duties include work that is directly related to the operation of the business or customers.
- Learned professionals, whose duties include performing work requiring advanced knowledge in their field.
- Creative professionals, whose duty includes work requiring some sort of artistic or creative endeavor.
- Computer analysts, programmers, and software engineers.
- Outside sales professionals, whose primary duties include making sales, obtaining orders, or contracts for use of facilities paid for by the client.
- Highly compensated employees, such as those performing non-manual work and earn $100,000 or more in a year.
In order to know if you are exempt from overtime pay, you should speak to a skilled attorney who has knowledge of employment and wage laws in Houston.
What Are Unpaid Commissions?
In many cases, employers use commissions as a form of incentive and payment. If these commissions are agreed upon in writing, and the agreement specifies under what conditions the commissions will be paid, then the employer must honor the contract and pay any commissions earned. The failure to pay an agreed-upon commission is illegal, even if an employee quits or is fired.
What Kind Of Compensation Is Available In These Cases?
There are various types of compensation, or damages, that a wronged employee may be able to recover in these situations. At Padilla & Rodriguez, LLP, we regularly help clients recover the following in a wage and hourly case:
- All unpaid wages
- Interest on those unpaid wages
- Penalties implemented per law
- Court cost in attorneys’ fees
The total amount of compensation due to a victim in these cases will vary depending on various factors related to the particular case. The main factor influencing total damages is how much compensation the employer illegally withheld from the worker.
Speak To An Attorney Today
If you or somebody you love has not received compensation from an employer or have received less pay than you should, speak to an attorney as soon as possible. At Padilla & Rodriguez, LLP, we are dedicated to helping employees in situations like this. We believe that every employee deserves to be paid fair wages for their work. In Texas, victims in these cases have two years to file unpaid wage claims under federal law. When you need a Houston wage and hourly attorney, you can contact us to schedule a free initial consultation today (713) 574-4600.