Are You Being Exploited by Your Employer? What You Need to Know About Wage and Overtime Violations

Posted in Wage & Overtime Violation on November 14, 2019

A job provides us with financial security and a sense of contributing to society. Work is incredibly valuable and should always be compensated fairly, but unfortunately, this is not always the case.

 Employers can sometimes take advantage of their employees by either underpaying them, making them work overtime without properly compensating them, making them work through lunch, or by a variety of other means. 

If you’ve experienced any of these situations, you may be the victim of wage and overtime violations.

If you believe you have suffered as a result of your employer’s bad faith behavior, contact the Texas unpaid overtime lawyer at De la Garza Law Firm at (956) 533-1426 to schedule a FREE consultation. We will create a personalized strategy to get you the compensation you deserve.

Examples of Wage and Overtime Violations

The Fair Labor Standards Act (FLSA) requires employers to pay workers the federal minimum wage at the very least. The FLSA defines overtime as working over 40 hours a week and requires overtime pay to be 1.5 times the amount of a regularly paid hour.

Some employers choose to ignore the FLSA and take advantage of their employees. Below is a list of reasons why you may have a claim for wage violations:

  • Working during a required break.
  • Working while “off the clock.”
  • Not being paid the federal required overtime pay (1.5 times the regular hourly rate if not an exempt employee).
  • Not paying employees commission or bonuses.
  • Employers modifying timesheets.
  • Employers offering “time off” to workers instead of paying for overtime.
  • Labeling overtime hours as “volunteered” time.
  • Not paying for untaken accrued vacation time.

In order to figure out whether your claim is valid, it is important to consult with a dependable Texas wage violation attorney to determine if you’ve experienced such an act. Claims regarding wage and overtime violations can become very complicated and require careful evaluation. 

How to File a Claim Against an Employer for Wage Violations

You can file a complaint about your wage violations with the Department of Labor at the Office of the Wage and Hour Division (WHD), either in person or by mail. When you file a complaint, make sure to provide the following information:

  • Your personal information (name, address, phone number, etc.)
  • Employer’s information.
  • Your job title and description of your job.
  • Payment information. For example how much you are paid, either salary or hourly. The method of payment you receive and how often you are paid.
  • A detailed description of violations including the dates when violations occurred.

After your complaint is filed it will be reviewed and investigated by the WHD. The WHD will also aim to recover missing wages.

Get the Compensation You Deserve From Wage and Overtime Violations

It is vital to get a full assessment of your claims against your employer by working with the personal injury attorney in McAllen with significant experience bringing unpaid overtime claims in South Texas. Wage violations come with a variety of issues and it can become tedious and complex to handle. Consult a trustworthy attorney to help you navigate your case and help you recover the maximum amount of damages lost.

Contact De la Garza Law Firm at (956) 533-1426 to schedule a FREE consultation. We can help you to see the light at the end of the tunnel.

During the COVID-19 crisis, De La Garza Law is open for business and continues to be available to existing and new clients through virtual meetings and teleconferences. We can handle all of your legal needs without you leaving your house. Please, call (956) 533-1426 or contact us here to be connected to our attorneys who can get to work on your case.