In Texas, the "work hard, play hard" mentality is woven into our culture. But when you put in the hours, you deserve every cent you’ve earned. Unfortunately, wage and hour violations are more common than many Lone Star State workers realize. Whether it’s a simple "accounting error" or an intentional effort to pad the company’s bottom line, wage theft hurts families and undermines your hard work.
Knowing the difference between a busy workday and a wage violation is the first step toward protecting your livelihood.
Common Wage and Hour Violations in Texas
Texas follows both the federal Fair Labor Standards Act (FLSA) and the Texas Payday Law. Together, these regulations set the baseline for how and when you must be paid. Here are the most frequent violations we see:
Unpaid Overtime: If you are a non-exempt employee and work more than 40 hours in a single workweek, you must be paid "time and a half" (1.5x your regular rate). Many employers try to avoid this by offering "comp time" instead of cash or claiming that overtime wasn't "pre-approved." If you worked the hours, they generally must pay the premium.
Misclassification: This is a major issue in industries like construction and healthcare. An employer might label you an "independent contractor" or a "salaried manager" just to avoid paying overtime or benefits. If your boss controls when, where, and how you work, you might actually be an employee entitled to full legal protections.
Off-the-Clock Work: Have you been asked to attend a "mandatory" meeting before your shift starts? Or perhaps you’re required to clean up your station after you’ve already clocked out? In Texas, if you are performing work that benefits the employer, you must be paid for that time.
Illegal Deductions: Your employer cannot dock your pay for things like cash register shortages, broken equipment, or required uniforms if those deductions drop your hourly rate below the minimum wage ($7.25). Even then, most deductions require your written consent.
How to Protect Your Rights
If you suspect your paycheck doesn't match your effort, don't wait to take action. Texas law moves fast, and your window for recovery can close quickly.
Keep Your Own Records: Never rely solely on the company’s time-tracking software. Keep a private log of your hours worked, including start times, end times, and any breaks.
Save Your Pay Stubs: These are vital pieces of evidence that show exactly how the company calculated your pay, or where they missed the mark.
Know the Deadlines: Under the Texas Payday Law, you generally only have 180 days from the date the wages were due to file a claim with the Texas Workforce Commission. While federal law (FLSA) typically allows up to two years (or three for willful violations), acting sooner is always better.
Don't Leave Your Hard-Earned Money on the Table
You shouldn't have to choose between keeping your job and getting paid fairly. If you believe you’ve been the victim of wage theft, misclassification, or unpaid overtime, you need an advocate who understands the nuances of Texas labor laws.
At Hommel Law Firm, we are dedicated to standing up for workers and ensuring they receive the compensation they are legally owed. Protect your future and your family now. Contact us today at (903) 412-3788 for a consultation.