In any lawsuit for unpaid wages or wage theft, the employer must pay the full outstanding amount due.
Friendswood, TX – Both the Texas state minimum wage and the federal minimum wage are the same, and this applies to just about all workers within the state. Since 2009, this has been set at $7.25 per hour. Some other states have chosen to make a higher state minimum wage, and workers are always given the benefit of the greater amount. Despite these protections, it is possible that an employer may violate minimum wage laws. These wage laws also do not prevent employees from asking or bargaining for greater pay rates.
Workers who have different rules
Almost all workers in Texas receive minimum wage protection. There are some workers such as those who receive tips and certain agricultural employees who do piece work and have different wage rules than the minimum wage. These workers can still check with their employer and learn more about the wage protections that apply to them. Tipped workers, for example, should be making at least the state minimum wage each hour based on a combination of gratuities from customers and the employer’s pay rate. Other exceptions include prison inmates, workers with certain religious and charitable organizations, and family members working for each other.
Minimum wage violations and complaints
According to the Texas Workforce Commission, a worker who has a potential issue with minimum wage violations has two years from the date the outstanding wages were due to bring an unpaid wage lawsuit. The lawsuit can also ask for liquidated damages and attorney’s fees from their employer. The commission also receives complaints about employers who have issues with wage theft.
In any lawsuit for unpaid wages or wage theft, the employer must pay the full outstanding amount due. If the employer does not have proper records to prove the hours or the amount, they may be sanctioned in various ways as well. Workers should review their pay statements regularly, and it is beneficial for them to keep some kind of basic records of their hours worked and check them against the employer’s records.
What happens after a minimum wage dispute is filed?
There will need to be an investigation into the employer’s records and other relevant pay practices. As with most legal actions, the more evidence the worker can provide of their outstanding wages, the more likely it is that they will be successful in their case.
More information from an employment attorney
Moore and Associates is a labor law firm that can help workers in Friendswood, Texas. People who are having issues with improper pay, discrimination, or harassment can speak with their attorneys to get advice.