Houston employment lawyers Robert J. Wiley and Kalandra N. Wheeler represent Houston workers who have not been paid minimum wage. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, if you have not been paid the federally mandated minimum wage you need an attorney that understands your situation and that will fight for you.
Under both the Fair Labor Standards Act (“FLSA”) and the Texas state law an employer is obligated to pay its employees at the very minimum $7.25 per hour for every hour worked up to 40 hours per week. The minimum wage where you live may even be higher since the amount designated by the federal government is considered a lowest any employer may pay their employees, but a local government entity may have established a higher minimum wage.
Violations of the minimum wage laws can vary in circumstances. Common examples of violations include:
- Allowing a tipped employee to make less than minimum wage when their wages is divided by their hours worked;
- Allowing employees paid on commission to make less than minimum wage when their wages are divided by their hours worked;
- Improperly deeming an employee to be salary and making them work so many hours that when their salary is divided by their hours worked it falls below minimum wages; and
- Outright exploitation of workers where an employer simply refuses to pay workers their minimum wage.
- Being subject to a non-compete agreement;
- Having to adhere to a strict work schedule;
- Having the tools of the trade provided to you by your employer;
- Wearing a company uniform; and
- Receiving employee type benefits such as pension plan, vacation hours, sick time.
Additionally, just because an employer states that you are paid on a salary basis does not automatically relief them of their duty to pay you minimum wage. There are also several factors that must be taken into account before making such a determination. Allowing an employer to label employees as exempt with impunity would basically reduce our rights to nothing.
If you are not properly being paid your minimum wage you may be owed hundreds if not thousands of dollars. Under the FLSA, an employee is allowed to look back two years with the possibility of three years depending on the circumstances when determining how much they are owed.
The only way to defend not only your rights as a hard working employee but those of others is to step forward. A hard days pay for a hard days work. Do not let your employer take money that is rightfully yours. We can only do our job if workers step forward and fight unfair employment practices. It can be difficult to step forward and take a stand and that is why you need a team of professionals that will be with you every step of the way.
If you feel you have been misclassified as an employee or have just not been paid properly, do not hesitate to contact our law firm. If you choose to contact us, you will generally meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.