There is no legal way for an employee and their employer to try to circumvent rights related to things like minimum wage, overtime law, or paid break time through an agreement or contract.
Mansfield, TX – Many workers in Texas and other states will be shortchanged on their pay in various ways throughout their career. In some cases, this is merely an accident and the employer will correct their wages immediately. However, it is also the case that the employer may be purposely engaging in illegal wage practices to save money. Anyone who has questions about their pay can review their situation with an employment lawyer and receive specific advice about how wage laws apply to them.
Can an employee agree to waive certain rights related to minimum wage and overtime?
There is no legal way for an employee and their employer to try to circumvent rights related to things like minimum wage, overtime law, or paid break time through an agreement or contract. Any kind of labor regulations or employment laws that are related to fundamental rights and pay are not able to be taken away by an employer.
Who is eligible for overtime pay?
Workers who are hourly, full time employees must receive overtime pay once they have worked more than forty hours in a seven day consecutive period. Exemptions to overtime law include independent contractors and workers who are salaried. However, only certain people in areas such as administrative positions, office work, and managers and owners are able to be salaried. A common problem is when a worker is placed in the wrong classification so that the employer does not have to pay overtime and can save money.
What is retaliation?
Workers may fear reporting unpaid wages or other serious problems such as sexual harassment due to potential consequences from their employer, such as termination or demotion. If the employer does discipline a worker for reporting unpaid wages, this is retaliation, it is illegal, and the employer may face more significant consequences.
How common is wage theft?
Wage theft is a broad term that is used in many situations involving illegal pay practices and unpaid overtime. While much wage theft is unreported, it is estimated that wage theft likely costs American workers millions or possibly billions of dollars each year. Those who receive tips or have odd deductions from their pay should be especially careful of issues related to unpaid wages. The employer should have records of pay available for inspection to prevent wage theft, as this is required by law.
Employment lawyers in Texas
Moore and Associates is a labor law firm that helps people with workplace problems in Mansfield and other parts of Texas. Their attorneys are available to discuss unpaid wages, discrimination cases, and sexual harassment with any local clients who need assistance.