For over three decades, our unwavering commitment has been to stand by the side of employees, advocating for their rights and interests in the legal arena. When you choose us, you're choosing a legal team with a rich history of going to trial for you, ensuring that your rights are protected and justice is served.
Wage And Hour Lawyer in Texas
Are You Being Paid Fairly For Your Work?
If you suspect your employer is not paying you all of your wages or overtime, you are not alone. Many workers in Texas are told that off the clock time does not count, that salary means no overtime, or that their job title makes them exempt, even when the law says otherwise. At Hommel Law Firm, my practice is devoted to helping employees understand what they are owed and what they can do when an employer does not follow the rules.
When your paycheck does not match the hours you put in, it affects rent, groceries, and your family’s plans. It can also leave you unsure whether what is happening is illegal or just unfair. I represent workers in this position, and in most wage cases, I work on a contingent fee basis with no upfront fees, so cost does not have to be a barrier to getting answers.
I am a board-certified employment attorney who has represented Texas employees for decades. If you are worried about unpaid overtime, off-the-clock work, or other wage and hour problems, I can review your situation and help you understand your options under state and federal law.
Take the first step toward resolving your case with a skilled wage attorney in Texas. Reach out or call (903) 412-3788 now to set up your consultation.
Why I Represent Texas Employees In Wage & Hour Disputes
From the start of my career, I chose to stand with employees, not employers. At Hommel Law Firm, I only represent workers in employment law matters. I do not divide my attention between defending companies and helping people who work for them. That exclusive focus allows me to see patterns in how employers in this state handle wages, and it guides how I approach every case.
I have spent more than 35 years advocating for workers in this part of the country. Over that time, I have handled disputes involving unpaid overtime, misclassification, commissions, bonuses, and other forms of compensation. I have seen how pay practices develop inside companies, how they are justified, and where they violate wage laws. That history helps me evaluate new cases efficiently and realistically.
I am board certified in Labor and Employment Law. My firm is one of only a few in Texas with multiple board certifications in related fields, and one of only two certified in three specialty areas. Board certification in this state means a lawyer has significant experience in the field, has passed a rigorous exam, and continues to meet strict standards. For my clients, that translates into a deep familiarity with wage and hour rules, agency procedures, and courtroom practice that I draw on when I assess a potential claim.
When an employee comes to me about unpaid wages, my goal is to combine that experience with practical advice. I work to explain what the law requires, how it applies to their job, and what paths forward are realistic. At every step, I keep my focus on the worker’s interests, not the employer’s convenience.
Common Wage & Hour Violations Workers Face In Texas
Many workers sense that something about their pay is not right, but they do not know how to describe the problem. Wage and hour laws can be technical, but many violations fall into a few familiar patterns. Recognizing those patterns can be the first step toward protecting your rights.
Unpaid Overtime & Off-The-Clock Work
One frequent issue involves unpaid overtime. Federal law generally requires that nonexempt employees receive time and a half for hours worked over 40 in a workweek. Problems arise when employers label workers as exempt without a proper basis, expect employees to work off the clock to finish tasks, or average hours across weeks to avoid paying extra. It also appears where people are paid a day rate or piece rate and are told overtime does not apply.
Misclassification As Exempt Or Contractor
Misclassification is closely related. Some employers treat workers as independent contractors, even when they control the worker’s schedule, tools, and methods the way they would control an employee. Others place workers on a salary and assume that takes them outside overtime rules. In reality, job duties and level of responsibility, not just titles or pay method, control whether an exemption applies.
Tip Issues & Unlawful Deductions
Tip and deduction practices can create additional violations. Workers in restaurants, hospitality, and service roles may see tips pooled in ways that are not allowed, or they may have uniform costs, breakage, or shortages taken from their pay in ways that reduce wages below the minimum. In some workplaces, breaks are unpaid even when workers are kept on task, or automatic meal deductions are taken when no real meal break occurs.
These are only examples. Over the years, I have seen many combinations of policies, spoken instructions, and unwritten expectations that lead to unpaid wages. If you see pieces of your own situation in any of these patterns, it may be time to have a wage and hour lawyer in Texas review your circumstances in detail.
What To Do If You Think Your Wages Are Wrong
If you believe your employer has not paid you everything you are owed, it can be tempting to confront a manager immediately or to quit in frustration. Before you take any step that cannot be undone, it is often helpful to gather information and understand your rights. A careful approach can protect both your income and your legal claim.
Gather & Preserve Your Records
Start by collecting records you already have. This can include pay stubs, direct deposit statements, schedules, timecards, handwritten time sheets, and any emails or messages about your hours or pay. If your employer uses an electronic system, take screenshots when you clock in and out or when you see changes made to your hours.
At the same time, consider keeping your own log. Write down when you start work, when you stop, and what you are doing if you are asked to work before clocking in or after clocking out. Note any required training, meetings, travel between worksites, or time spent putting on or taking off required gear. Your own notes can be very useful if the employer’s records are incomplete or inaccurate.
Be Careful About What You Sign
Be cautious about signing any documents that relate to your wages or separation from employment without understanding them. Severance agreements, releases, and pay correction forms may contain language that affects your rights. I can review such documents with you and explain what they mean before you decide how to respond.
Talk With A Lawyer Before Taking Action At Work
You do not have to decide on your own whether to file an internal complaint, contact a government agency, or pursue a legal claim. You can talk with my firm confidentially about your situation and your concerns about retaliation. Time limits can apply to wage claims, so it is usually better to seek legal guidance sooner rather than later, even if you are not yet sure what you want to do.
How I Help Texas Employees With Wage & Hour Claims
When you contact Hommel Law Firm about a pay problem, my first step is to listen. I want to understand how your job works, what you are paid, and how your hours are recorded. I then compare that information with the requirements of wage laws and the pay practices I have seen in other cases to determine whether there appears to be a violation.
Careful Review Of Job Duties & Pay Practices
Reviewing your pay records and job duties is often central to this process. I look at how your workweek is defined, what rate of pay appears on your pay stubs, whether overtime has ever been paid, and how your employer describes your position. I also consider whether you have been labeled as exempt or as an independent contractor and whether that label matches the way you actually work.
Explaining Your Options
Once I have enough information, I discuss potential paths forward with you. These may include raising the issue within the company, filing a claim with a government agency, or pursuing a civil lawsuit. Which path makes sense can depend on factors such as how much money is at stake, how long the underpayment has gone on, whether others are affected, and whether you are still employed there. My role is to explain the choices and help you weigh the risks and benefits of each approach.
Contingent Fee Structure & Clear Communication
In most wage cases, my firm represents employees on a contingent fee basis with no upfront fees. This means my fee is tied to whether there is a recovery, and you do not pay out of pocket to get the case evaluated or started. I find that this structure makes it possible for workers who are already underpaid to enforce their rights without taking on additional financial strain.
Throughout the process, I strive to keep communication clear. I explain what to expect at each stage, answer questions, and work to make sure you are never left wondering what is happening in your case. My focus remains on your interests as an employee and on holding employers accountable when they do not follow wage laws.
Understanding Your Wage & Hour Rights Under Texas and Federal Law
Wage and hour rules can seem complicated, but they rest on a few basic ideas. Federal law sets nationwide standards for minimum wage and overtime. These standards apply to many employers in Texas, especially those engaged in interstate commerce or with sufficient annual revenue. State law can add additional remedies and procedures that affect how unpaid wages are recovered here.
Exempt vs. Nonexempt Status
Overtime rights often turn on whether an employee is exempt or nonexempt. Many workers assume that being paid a salary or having a certain title automatically makes them exempt, but the law looks instead at job duties and level of authority. Exempt employees generally must spend much of their time on executive, administrative, or professional work and have certain types of decision-making power. When employers misapply these categories, employees may miss out on overtime they should receive.
Day Rates, Piece Rates, Commissions, and Tips
Other pay arrangements, such as day rates, piece rates, commissions, and tips, can add layers to the analysis. For example, some employers pay a flat day rate and tell workers thit at includes all hours, regardless of how long the day runs. In many situations, those workers still must receive overtime when their total hours in a workweek exceed 40. Similarly, when employers take a tip credit, they must follow specific rules about who can share in tips and how much base pay must be provided.
Texas Procedures For Unpaid Wages
In this state, some employees choose to file certain unpaid wage claims with the Texas Workforce Commission. Others pursue claims in court under federal or state law. The right venue can depend on the time period involved, the amount at issue, and the type of violation. As a wages lawyer in Texas with board certification in Labor and Employment Law, I stay current with changes in both federal and state rules so that I can guide workers through these choices.
You do not need to master the details of every statute to protect your rights. What matters is recognizing that you may have more protections than your employer has described and that a conversation with a qualified employment attorney can help you understand how the law applies to your specific job.
Get the help you need from an experienced wage and hour attorney in Texas. Fill out our online form without delay.
Frequently Asked Questions
How do I know if my employer illegally failed to pay me overtime?
The simplest sign is that you regularly work more than 40 hours in a workweek and are not paid time and a half for those extra hours. If you are paid by the hour and see no overtime line on your pay stubs, or if you are told to clock out and keep working, those are clear warning signs. Even if you are paid a salary, you may still be entitled to overtime if your main duties do not meet the legal tests for exemption.
During a consultation, I review how your schedule works, what you actually do day to day, and how your employer classifies your position. I then compare that information with wage laws that apply to your job. Many workers learn that long-standing practices, such as automatic meal deductions or averaging hours across weeks, do not comply with overtime rules. If the facts suggest a violation, we can discuss what steps make sense for you.
Can I talk to you about unpaid wages if I still work there?
Yes, many of the workers I speak with are still employed when they first contact me. They are often worried about retaliation and want to understand their rights before deciding how to proceed. Our initial conversations are confidential, and you can get advice without involving your employer or filing a claim right away.
We can talk about your specific concerns, such as whether to raise the issue internally, what to do if your employer asks you to sign documents, and how to respond if your schedule changes after you complain. Laws protect employees from retaliation for asserting their wage rights, although how those protections apply can depend on the situation. My role is to help you understand both the legal protections and the practical realities so you can make informed decisions.
What will it cost me to hire you for a wage case?
In most wage and hour matters, I represent employees on a contingent fee basis. This means you do not pay upfront fees for me to review your case or to start representation, and my fee is usually a percentage of any recovery obtained. If there is no recovery, you typically do not owe an attorney's fee under this type of arrangement.
During our first discussion, I can explain how the fee structure would apply to your situation, including how costs are handled and what happens if the case resolves early or proceeds through litigation. My goal is to make sure you understand the financial side of representation before you decide whether to move forward. For many workers, knowing that they will not have to pay hourly legal fees makes it possible to pursue unpaid wages they could not otherwise afford to chase.
I am paid a salary. Can I still recover unpaid overtime?
Being paid a salary does not automatically mean you are not entitled to overtime. The law focuses on what you actually do at work, not just how you are paid or what your title says. Many salaried employees perform routine tasks, follow detailed instructions, and have little authority over hiring, firing, or policy, which may mean they are nonexempt and should receive overtime.
As a wages attorney in Texas with board certification in Labor and Employment Law, I examine your job duties, level of discretion, and pay structure. I then apply the exemption tests used in wage cases to see whether your employer’s classification appears correct. If you have been treated as exempt without meeting the criteria, you may have a claim for unpaid overtime covering a period of time defined by the applicable statutes of limitation.
What if my employer pays me in cash and there are no time records?
Payment in cash does not remove your right to be paid correctly under wage laws. Employers are required to keep accurate records of hours worked and wages paid, but some do not do so, especially where cash is involved. When employer records are missing or incomplete, other evidence often fills the gap.
Your own detailed notes about when you worked, how long your shifts lasted, and what you were paid can be very important. Messages about schedules, photos of handwritten time sheets, and bank records showing deposits can also help. Courts and agencies understand that records are not always perfect. My job is to help you organize the information you have and present it in a way that supports your claim.
How long do I have to bring a claim for unpaid wages?
The time limits for unpaid wage claims depend on which laws and procedures apply to your case. Under federal wage law, employees often have a limited number of years to seek back pay, and that period can be different for ordinary and willful violations. If you choose to pursue certain claims through the Texas Workforce Commission, different deadlines may apply for filing there.
Because these time limits can be complex, it is wise to speak with an attorney as soon as you suspect a problem. During a consultation, I can look at when the underpayment started, whether it is ongoing, and which options are available, then explain how the applicable deadlines would work in your specific circumstances. Waiting too long can reduce the amount you can recover, so learning where you stand early can be important.
Why should I choose a board certified employment lawyer for my wage dispute?
Board certification in Labor and Employment Law signals that a lawyer has significant experience in that field and has met standards set by the State Bar of Texas. It involves handling a required number of employment cases, receiving references from other attorneys and judges, and passing a written exam that covers employment statutes, regulations, and case law. Certified lawyers must also complete additional continuing legal education to keep that status.
In a wage dispute, this background can make a practical difference. Classification rules, overtime calculations, and procedural choices in wage cases can be nuanced. As a wages lawyer in Texas with board certification and multiple related certifications, I draw on a detailed understanding of these rules when I evaluate claims and advise clients. For workers, that can mean clearer explanations, better identification of issues, and a more informed strategy for moving forward.
Talk With A Texas Wage & Hour Lawyer About Your Pay Concerns
If you believe your paycheck does not reflect the hours and effort you put into your job, you do not have to sort through wage laws alone. A conversation with an experienced attorney can help you understand whether your employer’s practices comply with the law and what steps you can take if they do not. At Hommel Law Firm, I focus my practice on representing employees, not employers, in disputes about pay and workplace rights.
I bring more than 35 years of experience, board certification in Labor and Employment Law, and a commitment to staying current with the rules that govern wages in this state. In most wage and hour matters, I work on a contingent fee basis with no upfront fees, so you can seek guidance without taking on additional financial strain. If you are ready to talk about your situation, I invite you to reach out for a confidential consultation.
To discuss your potential wage claim with a qualified wage lawyer in Texas, call (903) 412-3788 today.
Our Practice Areas
How Can We Help You?
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Over 100 Cases Taken to Jury TrialThe Hommel Law Firm's results speaks for themselves. If you have a case, Mr. Hommel will take it to trial.
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Exclusively Representing EmployeesBecause the Hommel Law Firm believes in seeking justice for those who have been treated unfairly in the workplace, Mr. Hommel only fights for employees, not the employers.
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Over 30 Years of ExperienceWith over 30 years of experience, Bill Hommel is prepared to listen to you and will not hesitate to take your case to trial to get the results you deserve.
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Board Certified AttorneyAttorney Bill Hommel is Board Certified in Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law by the Texas Board of Legal Specialization. Only about 3% of attorneys in the area are Board Certified Trial Attorneys.
Tailored Justice, Proven Results: Our Track Record of Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Federal court delivered a verdict for violations Federal court delivered a verdict for violations of the Americans with Disabilities Act.
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$175K Gross, $114K Net Recovery Motor Vehicle Accident with 18 Wheeler
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$780K Gross, $115K Net Recovery Oil Field Workers Wage & Hour Collective Action
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$98K Gross, $65K Net Recovery Oilfield Services Overtime - 2 employees
The result was a settlement of $98,000 net to clients $65,000.
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$325K Gross, $189K Net Recovery Police Shooting Death
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$140K Gross, $90K Net Recovery Police Shooting Death