How to pursue a wage and hour violation claim

On Behalf of | Jan 24, 2020 | Wage & Hour Laws |

Most workers in Texas and throughout the country are covered by the Fair Labor Standards Act. The FLSA mandates that workers are paid a minimum wage and receive overtime pay when working more than 40 hours in a week. If an employer fails to abide by these rules, it may be possible to file a complaint with state or federal authorities.

How much are you owed?

You must be paid at least $7.25 per hour for your services, and the overtime rate is 150% of your normal wage. Employers are required to pay for hours worked in the pay period that they are accrued. In other words, they are not allowed to take overtime hours from one pay period and transfer them to the next in an effort to avoid paying the overtime wage.

Who Can You File a Complaint With?

If you believe that a wage violation has occurred, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. Another employee may file an employment law violation claim on your behalf or on the behalf of others who may have been paid less than what they are entitled to.

How Long Do You Have to File a Complaint?

Ideally, you will file a complaint as quickly as possible, and the WHD suggests waiting no more than 18 months after a violation occurs to do so. The federal statute of limitations for wage violations is two years, but you may have three years to file a claim if the violation was willful.

If you believe that your employer has failed to pay you properly, it may be a good idea to meet with an employment law attorney. The sooner a claim is made, the easier it may be to obtain compensation and other forms of relief.


FindLaw Network