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How is overtime pay handled in Texas?

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Midland, TX – Many different types of workers are eligible to receive overtime pay for working in excess of forty hours per week. The standard pay rate for overtime is one and one half times the employee’s standard rate. However, this can be a large expense for workplaces who have workers that routinely work long hours. Because of this problem, there is potential for abuse by employers who are looking to save money even though wage theft is illegal. Legal assistance is recommended for anyone who is experiencing issues or disputes due to their overtime pay.  

The definition of a work week

The concept of a week is important because overtime applies once the worker has logged more than forty hours in a week. However, there needs to be consistency in the definition of a week for employees to be paid accurately. 

The law allows for some small variability in how a week is classified depending on the particular employer and the days the employee works. However, the Texas Payday Law says that a week must include seven consecutive days. This means that a week does not need to start and end on a weekend, but it cannot be stretched out to include more than seven days, which would possibly eliminate some overtime hours. Any worker who has questions about how their workplace defines a week can ask their employer and ensure that there is compliance with the seven day period. The worker should also check their pay statements to ensure that there is no missing overtime if they have worked in excess of forty hours in that seven day period.  

The Fair Labor Standards Act

Texas chooses to follow federal regulations set out in the Fair Labor Standards Act for many issues related to pay. This means that wage laws in Texas tend to follow federal guidelines, with few differences. This includes rules for minimum wage, overtime, and paid time off or comp time. However, there are various exceptions that should be researched depending on the employee’s line of work. For example, certain seasonal and agricultural workers or professionals are generally not entitled to overtime under the FLSA. 

Different methods of calculating overtime

The Texas Workforce Commission allows for certain workers with irregular hours to have their overtime calculated in different ways. This can include dividing the worker’s salary by forty, then giving additional pay for the excess time worked. Anyone who needs specific help with determining how their employer uses this process should contact their payroll or human resources department, and retain a lawyer if necessary. 

Help from a local firm in Midland

Moore and Associates is a firm that handles unpaid wages and other labor issues in the Midland area. Potential clients can schedule a meeting to discuss their situation with a local attorney and determine whether a lawsuit is necessary. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What kinds of administrative errors may cause unpaid wages in Texas?

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Houston, TX – Some workers may have to deal with unpaid wage issues even if their employer is not intentionally trying to underpay them. There are various administrative problems such as issues with payroll software or incorrect entry of hours that can result in a worker not being paid their proper salary. The employer needs to remedy these problems as soon as they are aware of the issue, otherwise the worker can take legal action. 

Improper deductions from a paycheck

All workers should review their pay stubs to ensure that all deductions appear to be necessary and legitimate. It is possible that the payroll department is illegally deducting too much money for tax, or making other deductions that do not belong on the pay statement at all. While this may be a simple error in the company’s payroll software, it should still be corrected to ensure proper pay. 

Computer problems

Most companies use some kind of automated system to handle all of their payroll applications. While this can be an efficient way to save time, computer programs are subject to various kinds of glitches and errors. These problems can happen suddenly even if a worker has been paid correctly for a long time, so it is important for employees to review all of their pay statements. 

Cash flow issues

There are times when a business is struggling and they simply may not have enough money to give all of their workers their proper pay. However, writing a check that cannot be cashed is technically illegal, and the business can face various forms of serious consequences for doing so. If a worker is not being paid because of a failing business, they should first discuss the problem with their employer immediately, then report the problem to a local labor board or commission and speak with an attorney if necessary. 

The law and unpaid wage claims

There are various federal and state laws that require proper payment of workers. Even if there is an administrative error or honest mistake, the employer still needs to correct the problem as soon as possible after it is reported or found. If this is not done in a timely manner, the workplace may be investigated for wage theft issues or the affected worker can retain a lawyer and file a case to be paid their back wages plus interest and damages. Various labor boards that handle wage theft issues can also issue fines or even criminal charges if the problem is serious enough. 

Consulting with a labor attorney in the Houston area

Moore and Associates is a firm that helps people in Texas resolve their workplace issues. Anyone who is dealing with a situation that may possibly be wage theft can contact the firm to get more information about receiving proper pay. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How does a worker in Midland prove they were not paid overtime?

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Midland, TX – Certain types of evidence are crucial for an unpaid overtime claim. As with any type of legal action, the plaintiff needs to prove their case through the use of evidence that meets the relevant burden of proof if they want to be given overtime that was never paid. Legal assistance from an experienced labor attorney is crucial to any kind of employment or wage claim, as this is a complex area of the law. 

Which workers are eligible for overtime?

Proving the worker’s status and eligibility for overtime is a threshold issue that must be addressed. Many employers illegally tell their workers that they are exempt and not eligible for overtime pay based on the type of employee that they are. However, in most cases employees are entitled to overtime unless they are certain types of executives, administrators, or sales representatives. Independent contractors are not considered actual employees of a company, and they are not generally eligible for overtime either. 

Records of hours and pay

All workplaces are required by law to keep some kind of records of each employee’s hours and pay statements. These should be available for examination and copies can be given to the worker for the purposes of their claim. If these documents are not available for some reason, there may be security logs or computer records, surveillance from management, or the employee’s own records and testimony which prove that they actually were working at the time. Many times there is also a supervisor or manager that works hours which coincide directly with those who work beneath them. Testimony from customers or other coworkers can also be used to show that a worker stayed late on certain days, or did so regularly as part of their standard job duties. 

Improper calculations by the employer

There may be situations where any employer has all of the right records of times that an employee worked, but did not pay them overtime for hours in excess of forty within a week. In these situations, it can be simple for anyone reviewing the records to determine that the additional hours should have been paid at an overtime rate. In more egregious cases, there may be evidence that someone working in payroll or human resources actually subtracted time from a worker’s timesheets so that they would not need to be paid completely or paid overtime hours. In some cases this may be purposely done so that it appears there is no legitimate reason to give the worker overtime. 

Assistance from a local employment lawyer

Unpaid wages and overtime, sexual harassment, discrimination, and many other workplace problems can result in legal action. Moore and Associates is an experienced firm that helps workers with these kinds of issues in Midland, Texas. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What forms of wage theft prevention exist to help workers in Texas?

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Houston, TX – Many workers will experience some kind of improper pay or wage theft throughout the course of their career. Because this has become such a common problem, many pieces of legislation have been passed and various efforts have been made to educate employers and prevent them from exploiting their workers through improper pay. 

How wage theft happens

Some wage theft is an honest mistake that occurs due to improper deductions, administrative errors, or payroll system problems. In these cases, the worker can normally bring the issue to their employer’s attention and have it resolved. In other situations, the employer may be deliberately trying to steal from workers in order to save money. This is often more difficult to detect, as the employer is depending on things such as underpaying workers, having them do unpaid work, or misclassifying them as part of their business model. Outside intervention may be necessary if the employer is unwilling to cooperate with workers who report missing wages. 

Wage theft prevention measures

When the Fair Labor Standards Act took effect, it detailed procedures for following minimum wage laws, overtime, and other related matters that directly affect a worker’s pay.  Another later law called the Wage Theft Prevention Act criminalized certain behaviors when an employer purposely withholds proper pay from workers. The law also requires employees who have had their wages stolen to receive restitution and their employer will face financial penalties. Together, these federal laws and others give workers a course of action to follow when they deal with wage theft issues. There are also various state and federal employment boards and commissions that investigate employers after a complaint about issues such as illegal wage withholding and discrimination. 

The federal Department of Labor is also given authority by the FLSA and other laws to enforce its provisions against workplaces that violate various labor standards. 

Lawsuits against employers

If a worker does not receive help from their employer with these kinds of issues, attorneys who practice in the field of labor law can bring a civil case against the company responsible. Like in many other civil lawsuits, the defendant can be responsible for paying damages to the victim. In the case of wage issues, the remedy is usually all of the worker’s missing back pay, plus interest on outstanding wages. 

Attorneys who handle unpaid wage claims and related issues

Moore and Associates is a firm that handles employment law cases in the state of Texas. Anyone who is dealing with unpaid wages, wage theft, discrimination, or sexual harassment can get in touch with the firm to explore their options and learn about filing a lawsuit. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What do labor and employment lawyers do in Odessa?

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Odessa, TX – Legal actions and lawsuits related to labor issues are one of the most complex aspects of civil law. However, most of what labor lawyers do is focused on helping workers who have been treated unfairly or not paid properly, and ensuring that workplaces comply with various laws and regulations. These services are provided to either individual workers or companies who need to learn more about possible legal issues. A labor attorney’s background is the same as all other lawyers, as they need to possess the same level of education and be licensed to practice in the state where they work. 

Workplace regulations

Operating a business legally includes navigating a complex web of regulations related to work conditions, safety precautions, employee compensation, and local laws and ordinances. Most people starting a business will need legal help with their initial documentation and contracts, and they may periodically need legal services as issues arise. This is especially true if the company is in a field that is highly regulated such as transportation or dealing with hazardous materials. Especially if the owner of the company is new to their industry, legal advice is often the only way to become aware of these kinds of regulations and comply with industry standards. 

Unpaid wage issues

Another common area of employment disputes is payment of workers. All workplaces must comply with laws that cover areas such as minimum wage, overtime, and proper payment for all hours worked. Employers who routinely violate these laws may be sanctioned. The individual employees sometimes will bring lawsuits for damages that can include back pay and interest on the money owed to them. The employer also cannot ask the worker to complete certain tasks as favors without paying them. 

Civil rights and discrimination issues

Workers are always protected from certain kinds of actions by their employers. This includes behaviors such as sexual harassment, discrimination, and retaliation. Employers need to ensure that they do not treat anyone unfairly on the basis of race, gender, nationality, or religion. Workplaces have been sued for these kinds of actions, and they often sustain some kind of fallout from negative publicity tied to discrimination or harassment. One of the ways that most companies comply with these civil rights laws is to consult with lawyers and other workplace professionals, and then develop training and guidelines for their employees. These requirements are reviewed with workers on a regular basis. 

Assistance with cases against employers

Employment lawyers are available in the Odessa area to assist workers with reviewing their employer’s actions and filing a lawsuit if necessary. Moore and Associates is an experienced firm that handles labor law and related issues in Texas. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net