Houston, TX – Employees who are paid hourly are the most likely to experience issues with missing wages, unpaid overtime, and various other forms of unpaid work. Every workplace in the state of Texas is required by law to accurately record each hour that is worked by hourly employees and compensate them properly. This may include overtime if the person has worked more than 40 hours in a week. When an employee has found that they have not been paid properly, they should try to correct the problem internally with the company’s human resources, but legal action may be necessary when problems remain unresolved.   

The legal definition of an hourly employee

According to the state of Texas, any service performed for payment or compensation is classified as employment. A worker who is paid a standard rate based on the total number of hours they work each pay period is considered an hourly worker. Their pay should reflect their standard pay rate times the amount of time worked, which can include fractions of hours. Most of these workers are also entitled to overtime once they have passed forty hours in a standard work week, with few legitimate exceptions. Compensation can include non-monetary forms of payment, such as room and board, but these forms of compensation must still meet all other legal requirements.   

Reasons that paychecks may not be correct

There are a number of practices that employers engage in that are not appropriate when dealing with hourly employees. This can include rounding hours down when a worker has logged less than a full hour, asking them to clock out and then engage in more work before leaving, and failing to include an increased overtime rate for more than forty hours. It is also possible that honest mistakes are made, but the law still requires accurate records of hours and pay, and mistakes should be corrected immediately upon discovery.  

Recognized exceptions to hourly work

There are some categories of working or volunteering that do not require regular payment. In Texas, this includes work and labor done for certain types of religious organizations and churches, minors and family members who are assisting a sole proprietor, training programs that are financed by the government, and students who earn credit for internships and similar programs while attending a college or university. Anyone who is unsure whether their particular situation would fall under an exception to hourly pay should consult with an attorney.  

Talking with a lawyer about wage laws and labor regulations

There are attorneys who focus on labor laws, employment issues, wage issues, and other problems that can happen in the workplace. Moore and Associates is a firm in the Houston area that routinely gives clients advice about these kinds of problems since 2001. 

Firm contact info:

Moore & Associates 

440 Louisiana Street, Suite 675, Houston, TX 77002 



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