Edinburg, TX – Overtime hours and pay are an area of labor law that is heavily regulated by the government. Employers need to be careful not to misclassify workers, or engage in other behaviors that may deny them the overtime that they are legitimately owed. This can result in lawsuits for wage theft and unpaid overtime wages against the company.
People who are having trouble getting paid properly, whether due to overtime or other issues, can contact a labor attorney in Texas to get help.
Employees must work overtime when their employer requires it
Companies have fairly wide latitude to set required hours for their workers under labor laws. Employers are allowed to make their full time workers take mandatory overtime hours as needed. There is no upper limit on the total number of hours that an employee can work that is mandated by federal or state law. If the person does not comply, the employer is also allowed to take certain disciplinary actions against workers who have refused to work during the required overtime hours, including termination if necessary.
Violations of overtime law
After an employee has worked their overtime hours, the employer must pay the worker appropriately. This includes paying at least one and one half times the worker’s standard pay rate for each hour worked above forty in a seven day consecutive period.The employer can choose which day they want the work week to start, as long as it is seven consecutive days.
If the employer has not followed these regulations, the worker can file an unpaid wage lawsuit against their company. This requires the business to pay the person all of their outstanding wages, as well as other damages such as interest for late wages or liquidated damages.
Unpaid overtime is part of a larger problem known as wage theft. This is a term to refer to any time a worker is not paid properly, whether the employer has done so intentionally or not. Wage theft collectively costs Americans millions each year, especially due to the fact that most wage theft is undiscovered or unreported. Aside from overtime law violations, things like taking a worker’s tips, not paying them the total amount due each pay period, asking for unpaid work, or misclassifying a worker as salaried can all count as forms of wage theft.
Assistance from a local labor lawyer
Moore and Associates is a law firm that works with clients to handle their labor and employment issues in the Edinburg area and other parts of Texas. Anyone who needs assistance with taking action against their employer can contact their attorneys to schedule a meeting.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002