How Long Do I Have to Bring a Claim for Unpaid Overtime in Texas?
When you pour hours upon hours of your time into a company, you should get paid for it. Overtime pay is no exception. If you worked overtime for a company, you are entitled to compensation for the hours worked. In Texas, you can file a Texas Workforce Commission (TWC) Wage Claim, however, this will only allow you to recover unpaid overtime going back up to 180 days before filing your claim.
Filing with the United States Department of Labor is another option, but that might not get you the total amount of wages you deserve. It is important to note that neither of these administrative options stops the clock (statute of limitations) from running on your claim for unpaid overtime – only the filing of a lawsuit does this. Therefore, to maximize your potential recovery, it is a wise idea to enlist the assistance of an experienced lawyer who focuses on the handling of overtime wage claims.
Why Should I Seek the Assistance of a Lawyer?
The primary reason to hire your own lawyer is to increase the chances of obtaining a higher recovery and to do so more quickly. If you have unpaid overtime hours piling up, you could file a complaint with the United States Department of Labor; however, they are chronically short on resources and may not be able to get to your case promptly, nor will they typically be able to maximize your recovery of the unpaid overtime wages you are owed. This translates to you often receiving a smaller portion of what your employer owes you.
On the other hand, a Texas Workforce Commission Wage Claim usually is not the most beneficial option for the employee either. As mentioned above, the TWC has a very limited time frame in which it can seek back wages. If you hire a lawyer to file an overtime lawsuit, you can seek back wages for a 2-3 year period, not just the last 180 days. Also, if the TWC reaches an undesirable decision, you potentially may have waived your rights to pursue that same claim further in court. When it comes to your unpaid overtime wages, you should examine all of your options and select the one that is most likely to result in you recovering the proper amount you deserve.
How Can a Lawyer Help?
A lawyer who is well-versed in the state and federal laws surrounding employee rights to overtime pay is vital, as these laws are very complicated. Lawyers can help you navigate the confusion that often surrounds an employee’s rights and overtime pay.
Your lawyer will carefully assess the specifics of how much compensation you are entitled to for your hours of work, ensuring you receive the correct amount. In addition, they will push to hold your employer accountable for withholding your overtime pay. In some cases, a lawyer may be able to recover double the amount you are due for overtime pay.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) protects employee’s rights. It was passed in 1938 and is designed to regulate payments for overtime and payment of the mandatory minimum wage. Additionally, this piece of legislation defines the seven-day, forty-hour “workweek.” An experienced lawyer will be able to interpret the FLSA and help you better understand your rights as an employee.
Contact a Lawyer at the Lore Law Firm for Help with Your Unpaid Overtime Case
If you have been denied payment for overtime you worked, a skilled lawyer can help. Navigating the intricacy of Texas laws that protect employees can be difficult. Obtaining your unpaid overtime can be tricky, but it does not have to be.
By enlisting the help of the experienced team of lawyers at the Lore Law Firm, you are one step closer to receiving the payment to which you are entitled. After helping countless employees recover millions of dollars over the past twenty-five years, the Lore Law Firm is here to help. To start today with a consultation, visit them online or call 713-782-5291.