Texas Unpaid Wages Lawyer
Under the Fair Labor Standards Act, employees can try to recover wages they believe they’re owed by filing a claim with the U.S. Department of Labor, or by hiring a wage attorney to file a private claim. The first step, however, is determining whether your employer may owe you unpaid wages. Reach out to the qualified Texas unpaid wages lawyers of Ross • Scalise Employment Lawyers to talk about your situation and learn about whether we can help you start the legal process of making a claim.
How to Tell If Your Employer May Owe You Money
Some forms of wage theft and unpaid wages are obvious, such as an employer completely failing to pay a worker for duties he or she performed for compensation. However, other forms of wage theft are more overt and require diligence on the part of the employee to discover.
Examples of unpaid wages an employee may not immediately notice include when an employer:
- Intentionally ignores overtime pay
- Commits minimum wage violation
- Deducts short breaks from hours worked
- Underpays tipped employees
- Fails to pay an employee who works through lunch
- Misclassifies an employee as someone who is exempt from overtime
- Fails to pay commission
Unpaid commissions are a common problem employees deal with in the Texas workforce. A variety of industries use commissions to incentivize employees to close more sales, but some employers unlawfully fail to pay employees their proper commissions. If you take a position based on the commission pay, it’s important to have a written employment agreement stating the conditions under which sales commissions are earned and how the employer pays for them.
Disputes regarding unpaid commission often occur when a salesperson leaves his or her position with the employer and doesn’t receive commission payments in the final paycheck. Make sure you understand your employment agreement regarding commission and keep up with your paydays to determine if you’re receiving compensation for the correct wages. If you have any questions regarding unpaid commission, speak with a skilled Austin employment law attorney today.
What to Do If You Are a Victim of Wage Theft in Texas
If you believe your employer is violating wage laws, consult with a Texas unpaid wages lawyer to decide how to proceed. Your attorney may tell you to mention the problem to the HR department at your place of employment or follow your company’s procedures for wage concerns.
If your attempts to resolve the issue within your company fail, your lawyer may suggest filing a wage claim with the Texas Workforce Commission or with the court system. The courts rule on unpaid wage claims on a case-by-case basis, and you’ll need an attorney to improve your chance of recovering unpaid wages.
In Texas, you only have two years to file an unpaid wage claim according to federal law. If you file with the U.S. Department of Labor, it will investigate your employer and decide if your claims are true. An employment lawyer can help you file the correct paperwork to submit an effective court claim against your employer as quickly as possible.
Class Actions/ Collective Actions
Many unpaid wage cases turn into collective actions, which are when multiple people make wage claims for the same reasons in the same lawsuit come against a company. Instead of engaging in several smaller claims, you and the group of employees with the same problem can stand together using the same lawyer to demand compensation from your employer. To find out if you’re not alone in your unpaid wage claim, consult with a local employment law attorney.
Hire a Texas Unpaid Wages Attorney and Demand Everything You May Be Owed
If you’re ready to take action against your employer for unpaid wages, including unpaid overtime and other forms of wage theft, contact Ross • Scalise Employment Lawyers. Our lawyers serve clients across the state of Texas, using our many years of experience in employment law to seek financial compensation for damages.