McAllen, TX – One of the legal issues that is most likely to affect a worker is wage theft. This happens whenever the employer does not pay all of the outstanding wages that were due or follow wage regulations, even if the employer has made a mistake due to ignorance of the law. Workers are always entitled to any outstanding pay regardless of the employer’s reasons for not paying them. However, the worker needs to go through certain procedures and follow the rules related to making a claim. Anyone who is about to make an unpaid wage claim should consult with an attorney to get more information regarding how to navigate this process properly.
How long does the worker have to make an unpaid wage claim?
According to the Texas Workforce Commission, workers have up to 180 days from the time any outstanding wages were due to file a claim. If the company has filed for bankruptcy before the claim is resolved, it may be necessary for the worker to bring the claim directly to the bankruptcy court handling the case. As a general rule, the employee should try to get legal help or bring the claim as soon as possible to avoid missing deadlines.
How are unpaid wage claims filed?
Workers can file a claim online through the Texas Workforce Commission website, or by printing a paper form and mailing it. The commission recommends that the online form be used for faster processing. The online system also allows the claimant to receive a confirmation that the claim was received and is being processed, as well as other communications which expedite the claim.
What happens after the claim is submitted?
There is an opportunity for the employer to respond, and the commission will start their own investigation into the matter and the employer’s practices. Workplaces are required to keep complete records of all pay statements and hours along with identifying information, and these must be available for inspection.
What if there is unpaid overtime?
Overtime violations are treated the same way as other unpaid wages for the purposes of making the claim. The commission will do a similar investigation, and if the employee is genuinely owed outstanding overtime, then the employer must pay it. This is true even if the workplace has miscategorized the worker and created confusion about their eligibility for overtime.
Additional information from a labor attorney in Texas
Moore and Associates is a firm that helps people with labor and employment issues in Mesquite and other parts of Texas. Workers who need advice about sexual harassment, unpaid wages, overtime law, and other workplace matters can contact the firm to schedule a meeting.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002
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