If you live in Houston and suspect your employer owes you unpaid overtime, you’re not alone. Wage theft – especially not paying overtime – is a common issue affecting many Texas workers. The good news is that both federal and Texas laws offer clear protections to ensure you get paid for every hour you’ve earned. This guide explains overtime laws in Texas, how to tell if your job is not paying overtime as required, and the steps you can take to recover your unpaid wages.
If you’re dealing with unpaid overtime issues in Houston, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to confidentially discuss your situation today. Let’s work together to secure your financial future.
Understanding Overtime Laws in Houston, Texas
Federal Overtime Rules: Texas follows federal overtime law under the Fair Labor Standards Act (FLSA). Unless you fall under an exempt category, your employer must pay you at least “time and a half” (1.5 times your regular pay rate) for any hours worked over 40 in a workweek. For example, if you earn $20/hour and work 50 hours in a workweek, you should get $20/hour for the first 40 hours ($800) plus $30/hour for the 10 overtime hours (an additional $300). Overtime pay is calculated weekly – an employer cannot average your hours over two weeks to avoid paying overtime.
Exempt vs. Non-Exempt Employees: Some workers are classified as “exempt” from overtime, meaning the employer doesn’t have to pay them overtime rates. Common exemptions under the FLSA include the executive, professional, and administrative categories – typically managers, highly trained professionals (like doctors or lawyers), and certain salaried supervisors with significant decision-making authority. To be exempt, an employee generally must perform specific high-level duties and usually must be paid a salary above a certain threshold. Simply being paid a salary or having a job title like “manager” does not automatically make you exempt from overtime. Many Houston workers are misclassified as exempt when in fact they should receive overtime pay.
Texas Wage Laws: Texas doesn’t have its own overtime law, so the FLSA’s rules apply statewide. Texas’s Payday Law, enforced by the Texas Workforce Commission (TWC), covers earned wages such as regular pay, bonuses, or commissions, but not federal overtime claims under the FLSA. If you’re owed overtime, you can still file with the TWC within 180 days, though larger or older claims are usually better pursued through the U.S. Department of Labor or with a private lawyer filing in federal court. For older claims or substantial amounts, federal remedies are the better route.
Common Overtime Pay Violations in Texas
Employers use various tactics to avoid paying overtime. Knowing these common violations can help you spot illegal pay practices:
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Misclassification as Exempt: Some employers wrongly label workers as salaried “exempt” to avoid paying overtime. They might give you a fancy title or fixed salary, but if your actual duties don’t meet the legal criteria for an overtime exemption, you are entitled to overtime pay. It’s your duties and pay structure that matter, not your job title.
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Off-the-Clock Work: This means any work you do that isn’t officially recorded or paid. Employers may ask staff to clock out and then keep working or handle work duties from home without reporting time. All work time must be paid. If those off-the-clock hours push you over 40 in a week, overtime pay is required.
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Paying Only “Straight Time”: Be wary if your employer only pays your normal rate even after 40 hours, or offers “comp time” instead of overtime pay. Private-sector employers in Texas cannot legally offer compensatory time (‘comp time’) instead of overtime pay. Only public-sector or government employers may use comp time under specific FLSA provisions. All hours over 40 must be paid at 1.5× your regular rate.
How to Recover Unpaid Overtime Wages in Texas
Here’s what to do if your job is not paying overtime in Houston:
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Gather Evidence and Confirm Eligibility: Collect proof of all hours you worked (timesheets, pay stubs) and confirm you are non-exempt. Most workers are non-exempt unless they meet specific FLSA exemption criteria.
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Talk to Your Employer (Optional): Sometimes a simple conversation can resolve the issue. Let your supervisor or HR know that you haven’t been paid for certain overtime hours and ask if they can correct it.
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File an Official Claim: If your employer refuses to pay, you can take formal action:
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Wage Claim with TWC: File with the Texas Workforce Commission within 180 days. The TWC can investigate and order your employer to pay.
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Federal DOL Complaint: You can file through the U.S. Department of Labor’s Wage and Hour Division office in Houston, Dallas, or San Antonio. The DOL can investigate and recover back pay for up to two years (three for willful violations). However, filing a private lawsuit in federal court often results in faster and broader recovery, including double damages and attorney’s fees.
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Lawsuit: You have the right to sue your employer under the FLSA. A lawsuit can cover up to 2 (sometimes 3) years of unpaid overtime, and courts may award you double the unpaid wages as liquidated damages, plus your attorney’s fees and costs. This is often the most powerful option, especially for larger claims.
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Act Quickly: Time is critical. The law generally lets you recover unpaid overtime going back 2 years (3 years for willful violations), so every payday you wait could mean losing money you’re owed.
Protection from Retaliation: Both federal and Texas law make it illegal for an employer to fire, demote, or otherwise punish you for asserting your right to be paid. Section 15(a)(3) of the FLSA and Texas Labor Code § 61.053 expressly prohibit retaliation for filing a wage or overtime claim.
Why Hire a Houston Overtime Attorney?
Here are key advantages to having an overtime attorney on your side:
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Legal Experience: An experienced Houston overtime lawyer knows wage laws inside and out. They can quickly evaluate if you’re owed overtime and gather the evidence needed to prove it.
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Maximizing Your Recovery: A lawyer will ensure you claim everything you’re entitled to – including unpaid wages, liquidated (double) damages, and any other penalties. They handle all the paperwork, deadlines, and negotiations.
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No Upfront Costs: Most overtime attorneys work on a contingency fee, so you pay nothing upfront. And if you win, your employer usually must pay your attorney’s fees by law. This means getting legal help is low-risk.
Frequently Asked Questions (FAQ)
Q: What qualifies as overtime pay in Texas?
A: Overtime pay kicks in once a non-exempt employee works more than 40 hours in a single workweek. You must be paid at least 1.5 times your regular rate for every hour over 40. There is no requirement for overtime pay just for working long hours in a single day unless those hours put you over 40 for the week.
Q: Who is exempt from overtime in Texas?
A: Common exemptions include:
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Executive: Managers who direct at least 2 employees and have authority over hiring/firing, earning a salary above the FLSA threshold.
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Professional: Workers in professions requiring advanced education (doctors, lawyers, engineers).
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Administrative: Office employees who help run the business with decision-making discretion on significant matters, paid on salary above the threshold.
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Outside Sales: Employees who primarily make sales away from the employer’s place of business.
If you’re paid hourly or your job duties don’t fit these categories, you likely must receive overtime pay.
Q: My job is paying me a salary. Does that mean I’m not entitled to overtime?
A: Not necessarily. Being paid a salary does not automatically disqualify you from overtime. Many salaried employees are still entitled to overtime pay if they work over 40 hours, unless their job duties truly meet one of the exemption criteria. It’s best to have a lawyer review your situation if you suspect you’re incorrectly classified.
Q: How far back can I claim unpaid overtime?
A: Under the FLSA, you can typically claim unpaid overtime going back 2 years from the date you file a claim or lawsuit. If your employer’s violation was “willful,” the lookback extends to 3 years. That’s why it’s important to act promptly – waiting too long means losing the right to recover older wages.
Q: Can I recover more than just my unpaid wages?
A: Yes. If you win an overtime claim, your employer will owe you the unpaid overtime plus an equal amount in liquidated damages – effectively double the wages you were denied. You can also request interest on unpaid amounts. The employer will be required to pay your attorney’s fees and court costs.
Q: What if my employer fires or demotes me for claiming overtime?
A: Retaliation for asserting your wage rights is illegal. Your employer cannot lawfully fire you, cut your hours, or otherwise punish you for complaining about unpaid overtime or filing a claim. The FLSA protects you even if it turns out you were mistaken. If you face retaliation, contact an employment attorney immediately – you may have a separate retaliation claim.
Q: How much does it cost to hire an overtime lawyer?
A: In almost all unpaid wage cases, it costs nothing upfront. Overtime attorneys typically work on a contingency fee basis – they only get paid if they recover money for you. The FLSA requires employers to pay reasonable attorney’s fees when workers win their case. This means hiring a lawyer is accessible regardless of your financial situation.
In summary, if you have unpaid overtime in Houston, don’t ignore the situation. You worked hard for those extra hours, and the law is firmly on your side. Know your rights under the FLSA, document your hours, and take action promptly. Consider reaching out to a knowledgeable Houston overtime attorney who can guide you through the process and fight on your behalf. With strong legal support and a proactive approach, you can recover the wages you’re owed and hold your employer accountable. Remember, every worker deserves fair pay – overtime pay is not a privilege, it’s your legal right.
If you’re dealing with unpaid overtime issues in Houston, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to discuss your situation today. Let’s work together to secure your financial future.
