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Fighting For Justice

Having Wage And Hour Issues At Work?

Have you been underpaid? Have you been asked to work off the clock? Have you been denied your right to paid breaks? These and other wage and hour issues affect many employees in Texas and elsewhere. Occasional mistakes or miscommunication between supervisors and workers may not be problematic overall. But ongoing paycheck shortfalls add up over time and among hundreds or thousands of employees. It is not right for your employer to pay you less than the minimum wage or deny you overtime pay that you earned. No matter how your employer has cheated you out of your rightful wages, you are right to seek justice and compensation. If your pay has consistently been less than it should have been, discuss the details with an experienced employment law attorney.

At Ellwanger Henderson​, our team fights for justice for workers throughout the country. Our attorneys have decades of experience defending the rights of employees who have individual and classwide wage and hour claims. It is not unusual for such claims to have elements of discrimination as well. Our in-depth knowledge of the nuances of employment discrimination laws is beneficial for our clients.

Common Areas Of Conflict: Minimum Wage And Overtime Pay

Federal and state laws govern the minimum wage every worker is entitled to receive. At both minimum wage and higher skill levels, workers are normally informed of their rate of pay through employment agreements or contracts. Paychecks should reflect actual wages.

If your employer has been paying you less than what you should receive, it is fair to ask questions. As you seek relief, consult with a wage and hour lawyer for guidance about protecting yourself from retaliation.

When Employers Try To Avoid Paying Overtime

Employment laws categorize employees as exempt and nonexempt workers. Hourly workers are called nonexempt workers. They are entitled to receive time and a half as overtime pay when they work more than 40 hours in a given week. Unfortunately, some employers take advantage of hourly workers and look for ways to avoid paying them overtime. They may try to trade overtime pay one week for promised time off the next week. Or, they may put a worker with typical hourly duties on salaries to avoid paying them overtime wages.

Exempt workers are normally salaried employees. Their higher levels of responsibility are reflected in their salaries. The nature of their jobs may also require them to work more than 40 hours a week from time to time. They are typically exempt from overtime pay rules because employers do not have to pay them overtime in most circumstances. Employers who do their due diligence learn about their duties and exemptions from mandatory overtime pay.

If your employer has asked you to work overtime but has not paid you at an overtime rate, you should seek legal clarity. Or, if you believe your employer has deliberately miscategorized you as exempt rather than nonexempt to avoid paying you overtime, you may have a legitimate legal claim against your employer. Determining whether you are an exempt or nonexempt worker can be complex even for employers who believe they are doing the right thing. Consult with a knowledgeable employment lawyer at Ellwanger Henderson in Austin or Dallas for more information.

Bring An Individual Or Class Action Claim To Right Wage-And-Hour Wrongs

At Ellwanger Henderson​, our lawyers have been involved in national class action lawsuits involving thousands of clients relating to federal and state wage and hour laws, such as the Fair Labor Standards Act (FLSA). Examples of FLSA violations include failure to pay overtime, failure to pay minimum wage, misclassification as a contract worker or salary worker, denial of breaks and allowance of insufficient time for meal periods. We have also helped individual workers bring legal action when they have experienced wage and hour injustices.

If you have been denied the pay you’re owed for the work you do, the team at Ellwanger Henderson​ stands ready to fight for you. We’re ready to help you recoup your unpaid wages. To schedule a free consultation with one of our employment lawyers, call 737-808-2260 or complete our online inquiry form.