Can a worker in Pearland sue their employer for not paying overtime?

Pearland, TX – Many workers who spend more than forty hours laboring in a seven day consecutive period are entitled to overtime pay. This is set by law, and the overtime pay must be at least one and one half times the person’s standard pay rate. However, there are many employers in Texas and other states who are either not aware of these overtime laws, or they purposely try to avoid paying overtime to their workers to save money. Employees have certain wage protections, and in many cases it is possible for the worker to bring a lawsuit against current or former employers if they have not been paid properly. 

Who is eligible for overtime?

Most hourly workers are supposed to receive overtime pay. There are some workers who are considered exempt, but this is limited to salaried workers, independent contractors, certain administrators and owners of a company, and a few categories of professionals. Anyone who is uncertain about their eligibility should discuss the issue with an employment attorney or someone outside of their company with experience in labor law matters. This is especially important if the person consistently works more than forty hours a week, as they could be losing out on large sums of money. 

Filing a claim for unpaid wages

Workers in Texas can either file an unpaid wage claim with the Texas Workforce Commission, or they can retain a labor attorney to help with the process to receive any outstanding pay. These claims must be filed within six months of when the wages were initially due to be paid, so it is important for workers to not wait too long before taking action. An investigation into the matter can begin shortly after the claim is made.  

If the unpaid wage claim is approved, all of the outstanding overtime must be given to the worker, as well as other damages such as interest on late wages. 

Records of hours, wages, and overtime

Employers are required by law to have accurate pay records. These include information that identifies each worker, their total hours worked, and their gross pay for each pay period. If overtime was available, this should be indicated on the records as well. Workers who think that they may have issues with unpaid overtime can ask their employer for these records, and provide copies to their attorney. 

Additional information from an employment attorney

Moore and Associates is a firm that helps people with legal action against their employer in Pearland and other parts of Texas. Their attorneys are available to meet with anyone who has questions about sexual harassment, discrimination, unpaid wages, overtime law, and other aspects of labor and employment regulations. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002



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