Houston, TX – Workers are always protected by laws related to minimum wage and overtime pay by either the state, federal government, or both depending on where they live and the type of work that they do. Employees in the Houston area are fortunate that both the Federal Labor Standards Act and Texas Labor Code govern how their workplace must pay them appropriately. Regardless of what the employer believes about these laws or how they think they must pay their workers, both of these regulations do actually apply to everyone working in the state of Texas, and violations can result in lawsuits or other adverse actions.
The Texas Labor Code and overtime
The government site for the Texas Comptroller says that both state and federal overtime protections are in effect in the state, and federal law will usually govern the issue if both have regulations related to similar items such as overtime and minimum wage laws.
Once an employee has worked over 40 hours for any employer in the state, they must be granted either an hour and one half of additional time off for each additional hour worked, or payment that equals one and one half times their normal salary for each hour worked. Employers are also not allowed to have a worker accumulate more than 240 hours of compensatory time off, instead of paying them for the additional time worked. Any paid time off taken during the course of a week does not count towards the total number of hours worked for that week. This is true even if the worker exceeds forty hours worked in the span of just three or four days.
Certain employees may hold government positions where their total time worked in both jobs may be added to count as overtime, which should be paid by one of the employers based on the terms of the position.
Legal actions against an employer who has denied their workers proper pay
The workplace must have all records of hours worked and other important details about their employees available for inspection. If they fail to follow any of these guidelines, they may be sued or sanctioned by the government in various ways including fines. Damages can include payment for all of the missing hours, and other losses related to things such as attorney’s fees and costs sustained in the process of taking legal action.
Some attorneys dedicate their practice to wage and labor issues in Texas
Anyone who has dealt with an employer not paying them properly or experienced wage discrimination should look into getting legal help from a labor attorney. Moore and Associates is a firm in Houston, Texas that brings civil lawsuits related to workplace problems and missing wages and overtime.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002