Dallas Employment Lawyer Blog
Dallas Employment Trial Lawyer Deontae Wherry
In Texas, every employee has the right to fair compensation for their work. You should never work for free, and it’s crucial to understand your rights regarding minimum wage, overtime pay, and regular payment schedules. This blog will inform you about these rights and what to do if your employer fails to pay you.
Minimum Wage
Texas follows the federal minimum wage, which is currently $7.25 per hour. Every employee is entitled to this minimum rate unless they fall under specific exemptions. It’s important to ensure that you are being paid at least this amount for all hours worked. The minimum wage is designed to provide a basic standard of living for employees, and it is illegal for employers to pay less than this amount.
Overtime Pay
If you work more than 40 hours in a workweek, you are entitled to overtime pay. Overtime is calculated at 1.5 times your regular rate of pay. This means that for every hour worked beyond 40 hours, you should receive additional compensation. Employers must adhere to these rules to ensure fair payment for extra work. Overtime pay is crucial because it compensates employees for the additional time and effort they put into their jobs. It also acts as a deterrent for employers who might otherwise overwork their staff without fair compensation.
Regular Payment
Employers in Texas are required to pay their employees regularly. The Texas Payday Law mandates that employees must be paid at least once a month if they are not subject to the overtime provisions of the Fair Labor Standards Act (FLSA). All other employees must be paid at least twice a month. Regular payment ensures that you receive your wages on time and can manage your finances effectively. This law is in place to protect employees from financial instability and ensure that they can rely on a steady income.
Independent Contractors
If you are an independent contractor, it is essential to have a contract that outlines your payment terms, including the amount and payment schedule. This contract serves as a legal agreement between you and the hiring party, ensuring that you are compensated fairly for your services. Without a contract, you may face difficulties in enforcing payment terms and protecting your rights.
What to Do If Your Employer Fails to Pay You
If your employer fails to pay you, you have the right to file a wage claim with the Texas Workforce Commission (TWC). You must file the claim within 180 days from the date the wages were supposed to be paid. The TWC will investigate your claim and help you recover your unpaid wages. Filing a wage claim is a straightforward process, and the TWC provides resources and support to help you through it. Alternatively, you can consult my office for a consultation to address your wage issues. Seeking professional advice can provide you with tailored solutions and ensure that your rights are protected.
Additional Rights and Protections
Beyond minimum wage, overtime pay, and regular payment, Texas employees have other rights and protections. For instance, employers cannot retaliate against employees who report violations. Retaliation can include firing, demotion, or any other adverse action taken against an employee for exercising their rights. If you experience retaliation, you can file a complaint with the TWC or call my office today.
Remember, you deserve to be paid for your work. Understanding your rights regarding minimum wage, overtime pay, and regular payment schedules is essential. If you face any issues with unpaid wages, don’t hesitate to take action—call me today. Your work is valuable, and you should be compensated fairly for it.