Law Offices of Dan A. Atkerson

Texas Minimum Wage and Overtime Laws

By Dan Atkerson on May 08, 2019

Discussing employment matters at a tableWe all deserve to be paid fairly, no matter what our occupation may be. If you work the hours, you should at least be paid minimum wage, and you should be entitled to overtime pay as well. Sadly, some employers violate state and federal wage laws, leaving their employers short changed, overworked, and poorly treated. That’s when mistreated employees can turn to the Law Offices of Dan A. Atkerson. Our Dallas, TX firm has helped countless clients with employment law disputes releated to unpaid wages and overtime pay violations.

Since some people may not be clear on the state and federal statutes regarding the minimum wage and overtime, let’s cover some of the basics below.

Federal Minimum Wage Laws

As noted by the US Department of Labor, the Fair Labor Standards Act (FLSA) establishes a federal minimum wage. This means that all states must abide by the federal minimum wage unless a state law sets a higher minimum wage for the workers in that state.

The current federal minimum wage is $7.25.

The Minimum Wage in Texas

The state of Texas abides by the federal minimum wage of $7.25. The Texas Workforce Commission notes that even with the minimum wage in place, employees can collectively bargain with their employers for a higher wage.

In addition, a lower minimum wage can be set by certain employers in which tips and/or the cost of lodging count toward making a minimum wage.

Exemptions from the Texas Minimum Wage Act

There are exemptions from the Texas Minimum Wage Act as noted by the Texas Workforce Commission. These exemptions are as follows:

  • Employment in, of, or by religious, educational, charitable, or nonprofit organizations
  • Professionals, salespersons, or public officials
  • Domestics
  • Certain youths and students
  • Inmates
  • Family members
  • Amusement and recreational establishments
  • Non-agricultural employers not liable for state unemployment contributions
  • Dairying and production of livestock
  • Sheltered workshops

Federal Overtime Laws

The FLSA also covers rules on overtime pay for employees. According to the FLSA, all nonexempt employees must receive overtime pay for time exceeding 40 hours in a work week. For this overtime pay, employees must receive at least time-and-a-half pay. Fo instance, if a person makes $10 an hours at their normal hourly wage, they should be compensated at $15 an hour for their overtime work.

The state of Texas adopts the federal laws set out by the FLSA when it comes to overtime pay for employees. If you live in Dallas and work 45 hours in a week, five of those hours should be time-and-a-half.

Violations of Minimum Wage and Overtime Laws

When employers do not follow the FLSA or Texas state laws regarding minimum wage and overtime compensation, they do a disservice to their employees and are breaking federal regulations. If you feel that your employer is taking advantage of you and attempting to circumvent the federal minimum wage or overtime laws, it’s important that you file a formal complaint.

You can make minimum wage and overtime complaints to the US Department of Labor’s Wage and Hours Division, or you may file a complaint with the Texas Workforce Commission. It’s important that you inform some federal or state agency of this violation so it can be investigated.

Holding Employers Accountable

After filing these complaints, it’s a good idea to consider speaking with a Dallas employment law attorney about these matters as well. We can go over your legal options regarding wage or overtime violations and receiving the compensation you are entitled to by law.

Contact an Employment Law Attorney

For more information about your legal options after a pay or hour dispute, be sure to contact a skilled overtime pay and minimum wage law attorney. The team at the Law Offices of Dan A. Atkerson can be reached by phone at (214) 383-3606.

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