Knowledgeable Wage and Hour Attorneys in Marshall, Texas

In Need of a Wage and Hour Lawyer in Marshall?

At the Carlile Law Firm, LLP, our Marshall employment wage and hour lawyers know it is challenging for Texas workers to understand whether they are getting paid for each required minute they are on the clock.

While many workers are not fully aware of federal and state wage and hour laws, including minimum wage rates, overtime rules, and break requirements, employers may fail to accurately record hours worked due to clerical errors, poor time-tracking systems, or intentional manipulation of records.

Our Harrison County wage and hour attorneys also know improper pay deductions or failing to pay workers for all hours worked are common oversights that shortchange employees throughout the state.

Wage and hour laws in Texas ensure that employees are paid fairly for their work and that their working hours are regulated to protect their health and well-being. Both federal and state regulations govern these laws, and our skilled employment law attorneys are here to help workers enforce them.

If you believe your employer has violated federal or state wage and hour laws, we want to help you understand your legal rights during a free consultation. Contact our Marshall employment lawyers today and learn how we can use our over 100 years of combined experience to benefit you.

Federal & State Wage and Hour Laws That Protect Texas Workers

What are the Federal & State Wage and Hour Laws That Protect Texas Workers?

The Fair Labor Standards Act (FLSA) is a federal law that designates the federal minimum wage as $7.25 per hour. Texas adheres to this standard as it does not have a state-specific minimum wage.

According to the Texas Workforce Commission (TWC), employers must pay their non-exempt employees at least $7.25 per hour, and tipped employees must receive at least $2.13 per hour in cash wages plus tips.

In addition:

  • Non-exempt employees are entitled to overtime pay at one and one-half times their regular pay rate for hours over 40 in a workweek.
  • Texas law does not require employers to provide meal or rest breaks. However, if employers offer short breaks (usually 5 to 20 minutes), these breaks must be paid. Meal breaks, typically 30 minutes or more, do not need to be paid if the employee is relieved of all duties during the break.
  • Texas requires that employees be paid at least twice a month. Exempt employees (those not subject to overtime rules) can be paid monthly.
  • Employers in Texas can only deduct wages if required by law (such as taxes) or if the employee has agreed to the deduction in writing for a lawful purpose, such as health insurance premiums.
  • Employers must keep accurate records of hours worked and employee wages. This includes the employee’s name, address, occupation, hours worked, and pay rate.
  • Both federal and Texas state laws prohibit wage discrimination based on sex. Employers must provide equal pay for equal work.
  • Terminated employees must receive their final paycheck within six days, and employees who resign must receive their final paycheck on the next scheduled payday.

The FLSA restricts the employment of minors, including the hours they can work and the types of jobs they can perform. The minimum age for employment in Texas is generally 14. There are exceptions for certain types of work and children working in non-hazardous environments under the supervision of their parents.

Texas imposes restrictions on minors’ work hours, especially during school hours and at night. For example, 14 and 15-year-olds may not work more than 3 hours on a school day or 18 hours in a school week.

Employers cannot retaliate against employees who assert their rights under wage and hour laws, such as filing complaints or participating in investigations. If you believe your Texas employer is not paying you an accurate wage, is unlawfully withholding wages, or is violating any federal or state wage and hour pay requirements, contact our skilled Northeast Texas employment law attorneys for help.

How Can I File a Wage & Hour Claim in Texas?

Texas employees who believe their employer has violated wage and hour laws should contact an attorney to understand their workplace rights and ensure they have the evidence necessary to proceed with a successful claim.

Next, they can:

  • File a Claim with the Texas Workforce Commission (TWC)

You can file a wage claim with the TWC if you believe you are owed unpaid wages.

Filing a claim with the TWC involves submitting detailed information about the wages owed, the employer, and the nature of the dispute. The TWC will investigate the claim and attempt to resolve it.

Wage claims with the TWC must be filed within 180 days of the date the wages were due. If you miss this deadline, you may still pursue a legal claim in court, but the administrative process through the TWC will no longer be available.

  • File a Claim with the U.S. Department of Labor (DOL) for Fair Labor Standards Act (FLSA) Violations

You can file a complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL) if your claim violates federal wage and hour laws, such as unpaid minimum wage or overtime.

The DOL will investigate and attempt to resolve the claim. This step is not mandatory before filing a lawsuit.

  • Directly Filing a Legal Claim

Employees in Texas can file a lawsuit directly in state court for unpaid wages, overtime, or other wage and hour violations without going through the TWC.

Texas law provides for direct legal action under the Texas Payday Law and other applicable statutes.

For claims under the FLSA, employees can file a lawsuit directly in federal court without first filing with the DOL. This is often done when employees seek to recover unpaid minimum wages, overtime, and other damages allowed under federal law.

Consulting with our skilled wage and hour employment law attorneys in Northeast Texas can help you understand the best course of action for your situation, ensure that you follow the correct procedures to protect your rights, and maximize your chances of a successful outcome.

Contact the Wage and Hour Attorneys at the Carlile Law Firm for Help

At the Carlile Law Firm, LLP, our dedicated wage and hour lawyers in Marshall understand that we—our attorneys, support staff, and clients—share the same small community. We want to help our fellow Marshall, Harrison County, and Texas residents get the pay they are entitled to from their employers.

Contact our experienced Harrison County wage and hour attorneys today to discuss your challenges with trusted Marshall, Texas, community members and learn how we can use our over 100 combined years of experience to help you.

Case results

2017 CONFIDENTIAL SETTLEMENT

Negligence – Man injured in car wreck Total Gross Settlement $950,000.00

2015 CONFIDENTIAL SETTLEMENT

Negligence – Woman injured in car wreck Total Gross Settlement $940,000.00

2015 CONFIDENTIAL SETTLEMENT

Negligence – Man injured in car wreck Total Gross Settlement $450,000.00

2014 CONFIDENTIAL SETTLEMENT

Products liability, negligent design, personal injury

2018 JURY VERDICT OF $41.55 MILLION

Wrongful Death and Negligence – negligent hiring, training, and supervision.

2017 JURY VERDICT OF $58,055.47

Negligence – Car wreck. Larry McCathran V. Justin Griffin

2015 JURY VERDICT $39,500.00

Breach of Contract – Property dispute. Bobby and Thyra Miller v. Leoriss Thomas

2013 JURY VERDICT OF $52,000.00

Negligence – property damage to home. Jim and Linda Cary v. Chandler

2003 JURY VERDICT OF $75,000

Nuisance – land contamination and toxic tort.

2002 JURY VERDICT OF $870,000

Wrongful Death and Products Liability – silica dust inhalation.

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