Unpaid Wages & Commissions

Does your employer not pay you for short breaks? Are you not paid for every hour or commission that you are owed? If so, you might be owed unpaid wages and commissions. As such, you need attorneys with the passion and expertise to represent you in righting this wrong.

Houston employment lawyers Robert J. Wiley and Kalandra N. Wheeler represent Houston workers who have not been fully paid their wages or commissions. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, when you have unpaid wages and commissions you need an attorney that understands your situation and that will fight for you.

Both federal and state laws impose several obligations and restrictions on employers regarding how pay needs to be calculated and what needs to be compensated. For example, common examples hours gone unpaid and illegal deductions under the law are:
  • Failure to pay employees for breaks that are under 20 minutes;
  • Deductions from checks that can include register shortages or broken pieces of equipment such as glassware and dishes;
  • Charging employees for uniforms required for work if that amount would reduce wages below minimum wage; and
  • Making employees clock in 15 or more minutes before their shift is supposed to start.
These are unacceptable practices that have been held to be illegal. An employer is not allowed to pick and choose what hours can be and cannot be compensated. Similarly, employers are not allowed to make such deductions from your paycheck if you are an employee.

Also, it is important to know that just because an employer states that you are paid on a salary basis does not automatically relief them of their duty to pay you on an hourly basis. 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.

Additionally, if you work on commission you are also entitled to be paid for every hard earn dollar. Under Texas state law you must be paid for every commission that you have earned. It is important to note that your employment contract will often times control when a commission is considered to have been “earned.” As such, you must be very diligent in keeping records and familiarizing yourself with how your employer will determine if a commission has been earned. If an employer fails to pay you for every commission that you have earned you may have a breach of contract claim against your employer.  

Getting paid for every ounce of hard work that you put forth is a fundamental principle in America. Do not let your employer deprive you of your hard earned wages or commissions. If you are not getting paid for every hour that you are owed, federal law allows you to take into account as far as possibly three years in calculating how much money you are owed. This can add up to be hundreds if not thousands of dollars.

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 day’s work should not only be a vestige of the past or an ideal. 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.

Take Action

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.