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 & Hour Law Lawyer in Tyler
Have Years of Experience and Knowledge on Your Side
Pursuing a case about wage and hour law disputes can be particularly challenging because the laws themselves are so complex. There are many distinct nuances for exempt and nonexempt classifications, and employers will often try to excuse their behavior.
Fortunately, the Hommel Law Firm has both the knowledge and the experience to assess whether their information is false or even illegal. A wage and hour law attorney in Tyler can also check to make sure your job has not been reclassified just so your employer could pay you a lesser wage and overtime.
In order to protect hardworking employees from instances of their employers trying to shortchange their hard-earned income, the federal government has created several important laws safeguarding workers’ wages.
However, despite the government’s best efforts, it is often the case that many employers are subtly violating these standards without leaving much of a trace of their illegal behavior. You might have been asked to work just a few extra hours during a busy season, only to not have been paid. Alternatively, your employer might be taking some of your wages and “momentarily” withholding them.
The moment you suspect that your employer or company has been fraudulently dealing with your wages, it is time to get the Hommel Law Firm involved. A wage and hour law attorney in Tyler can demonstrate that you have been wronged and that you deserve compensation.
Contact the firm now at (903) 412-3788 to speak with a passionate employment law attorney about your wage rights.
The Minimum Wage in Texas
Under the federal guidelines of the FLSA, each state in our country is allowed to set its own wage and hour laws, whether these are higher or lower than the wages that have been set by the federal government. In the state of Texas, we utilize the exact wage set by the federal government, which is $7.25 an hour, a wage that took effect on July 24, 2009. If an employer tries to pay you in an amount of hours that brings down the minimum wage, I can demonstrate the illegal nature of this act.
Many employees in Tyler work in industries with fluctuating hours, service charges, or commissions, and it is not always obvious when the effective hourly rate drops below the minimum. I can review paystubs, schedules, and timekeeping records to determine whether practices such as unpaid off-the-clock work, improper deductions, or forced tip sharing are pushing your pay under the lawful rate. If I find that your employer has used these tactics to avoid paying the full minimum wage, I can advise you about your options for recovering the money you are owed and holding the company accountable under Texas and federal law.
Other Wage & Hour Violations
In addition to violations of the minimum wage, I can also help defend your rights against other illegal activity. Employers often violate wage rights in some ways, including:
- Refusing to pay time and a half overtime to employees considered “non-exempt” who are working more than 40 hours a week (including those on a salary)
- Forcing their employees to also use their meals and breaks as opportunities to work for free
- Using tips to pay employees who are not tipped, rather than giving them to the staff who rightfully earned them during their hours
- Improperly designating some employees as “exempt” or “nonexempt” to pay them less
- Refusing to pay overtime to independent contractors
- Misclassifying employee roles to avoid having to pay for their benefits
- Refusing to pay employees
When I investigate wage and hour problems, I do not just look at one paycheck. I look for patterns in how the employer treats the entire workforce, including how time is recorded, how bonuses or commissions are calculated, and whether employees are pressured to change their time sheets. I can explain which records you should try to preserve, how to document your hours when the employer’s system is inaccurate, and what steps you can take if you are worried about retaliation. By carefully comparing your actual job duties with how you have been classified and paid, I can help you decide whether it makes sense to pursue an individual claim, a group action with co-workers, or a complaint through the Texas Workforce Commission or federal agencies.
What To Do If You Suspect Wage Violations in Tyler
If you suspect that your employer is not paying you correctly, taking a few careful steps early can make a real difference in how strong your case is later. Before you contact a wage and hour law attorney, it can be helpful to gather copies of your paystubs, personal calendars, text messages about your schedule, and any employee handbook or policy documents you have. I encourage clients to write down their recollection of conversations with supervisors about pay or overtime while the details are still fresh because those notes can help clarify the timeline if a dispute moves forward.
It is also important to avoid making changes that could harm your position, such as altering time records or discussing potential legal claims widely at work. I can talk with you about whether it makes sense to raise the issue internally, file a complaint with an agency, or move directly toward a formal claim. Because wage and hour laws have time limits, I explain how those deadlines work under the Fair Labor Standards Act and Texas payday laws so you do not lose your right to pursue unpaid wages by waiting too long. When you are ready, I can guide you through each step so you understand what to expect from the process in our local courts serving Smith County.
How I Approach Wage And Hour Cases in Tyler
When you come to me with a wage concern, I start by listening carefully to your story and reviewing any documents you already have, such as pay stubs, schedules, text messages, and employee handbooks. I have represented workers in Tyler and the surrounding East Texas communities for many years, so I know how employers in this area typically structure pay and attempt to defend their decisions. By comparing what you are actually doing on the job with how you are being paid and classified, I can begin to determine whether your rights have been violated under Texas law or the Fair Labor Standards Act.
After I understand the facts, I explain your options in plain language so you can decide what is right for you and your family. That might include filing a claim with the Texas Workforce Commission, sending a demand letter, or pursuing a lawsuit in state or federal court serving Smith County. Because I represent only employees, I am focused on helping you recover unpaid wages, overtime, or other losses, while also addressing very real concerns about retaliation and your future employment. Throughout the process, I handle communications with the employer or its lawyers, so you do not have to navigate those uncomfortable conversations on your own
How Many Breaks in an 8-Hour Shift?
Because there are no labor laws in Texas regarding breaks, there is no requirement for an employer to provide a specific number of breaks during an 8-hour shift. However, it is common for workplaces to provide a 30-minute meal break and two 15-minute rest breaks during an 8-hour shift.
Texas employers must pay their employees for any hours that they work, so if an employer provides a longer meal break, where employees are relieved of all of their work duties, then the employer does not need to pay them for that time.
In my wage and hour practice, I often see confusion about whether a break is truly off the clock or whether employees are still expected to answer phones, assist customers, or remain at their workstations. If you are regularly interrupted during meals or asked to stay available during so-called breaks, I can help you evaluate whether that time should legally be counted as paid work. Together, we can review your schedule, job expectations, and any written policies to determine if your employer is following the rules or quietly benefitting from unpaid labor.
Our dedicated wage and hour law attorney in Tyler is ready to guide you. Connect with us today for a consultation.
Frequently Asked Questions (FAQ) - Wage & Hour Law Lawyer in Tyler
What is the minimum wage in Texas?
The minimum wage in Texas is $7.25 per hour, which is the same as the federal minimum wage set by the Fair Labor Standards Act (FLSA). This rate has been in effect since July 24, 2009. Employers must pay at least this amount, and any attempts to lower wages through illegal deductions or reclassifications are against the law.
What are my rights if I work overtime?
If you are a "non-exempt" employee and work more than 40 hours in a week, your employer must pay you time and a half for those extra hours. If your employer is refusing to pay proper overtime wages, it could be a violation of wage and hour laws. A wage and hour attorney can help ensure you receive the compensation you deserve.
Are 15-minute breaks required by law?
No, federal and Texas state laws do not require employers to provide 15-minute breaks. While some states have specific laws mandating breaks, Texas does not. However, certain industries involving hazardous work may have special regulations requiring breaks for safety reasons.
Can an employer withhold wages?
No, an employer cannot withhold wages without a valid legal reason. The only exceptions may be found in special regulations that are related to occupations involving hazards, such as those who work at nuclear plants or high-altitude steel erection workers. If your employer is withholding wages, whether “momentarily” or otherwise, you may have grounds for legal action. It is important to speak with a wage and hour lawyer if you believe your wages are being wrongfully withheld.
Helpful Resources
- Texas Workforce Commission - Minimum Wage
- Texas Workforce Commission - Texas Payday Law
- U.S. Department of Labor - Wage and Hour Division
Call me at (903) 412-3788 or contact the firm online to ensure that you get the fair treatment you deserve.
Our Practice Areas
How Can We Help You?
Protect Your Rights with an Experienced Wage & Hour Law Lawyer
To make sure your rights are upheld when it comes to wage and hour rules, you need an informed and competent attorney on your side. Our staff at Hommel Law Firm can offer professional advice and counsel for a variety of employment law issues because we have a thorough understanding of Texas's wage and hour regulations.
Whether you are dealing with minimum wage issues, overtime violations, or break time disputes, our dedicated lawyers are here to help you navigate the complexities of wage and hour laws and seek the compensation you deserve.
Below are some advantages of working with Hommel Law Firm:
- Individualized legal advice based on your specific situation
- Teaming up with an employment law firm with a solid history of winning cases and settlements
- Devoted and sympathetic legal counsel throughout the proceedings
- Comfort in knowing that skilled professionals are in charge of your case
Seeking justice for wage and hour violations should not be put on hold. Get in touch with Hommel Law Firm right now to arrange a meeting with a seasoned wage and hour attorney.
Rely on the expertise of a skilled wage and hour law lawyer. Contact us or call (903) 412-3788 now to arrange your consultation without delay.
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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