Wage & Hour Law Lawyer in Tyler

Have Years of Experience And Knowledge On Your Side

Pursuing a case about wage and hour laws disputes can be particularly challenging, just because the laws themselves are so complex. There are many distinct nuances for exempt and nonexempt classifications, and employers will try to excuse away their behavior.

Fortunately, the Hommel Law Firm has both the knowledge and the experience to assess whether their information is false or even illegal. A wage and hour law attorney in Tyler can even check to make sure your job has not been reclassified just so your employer could pay you at a lesser wage and overtime.

In order to protect hardworking employees from instances of their employers trying to shortchange their hard-earned income, the federal government has created several important laws, safeguarding workers’ wages.

However, despite the government’s best efforts, it is often the case that many employers are subtly violating these standards without leaving much trace of their illegal behavior. You might have been asked to work just a few extra hours during a busy season, only to not have been paid. Alternatively, your employer might be taking some of your wages and “momentarily” withholding them.

The moment you suspect that your employer or company has been fraudulently dealing with your wages, it is time to get the Hommel Law Firm involved. A wage and hour law attorney in Tyler can demonstrate that you have been wronged and deserved compensation.

Contact the firm now at (903) 412-3788 to speak with a passionate employment law attorney about your wage rights.

The Minimum Wage in Texas

Under the federal guidelines of the FLSA, each state in our country is allowed to set its own wage and hour laws, whether these are higher or lower than the wages that have been set by the federal government. In the state of Texas, we utilize the exact wage set by the federal government, which is $7.25 an hour – a wage that was effected on July 24, 2009. If an employer tries to pay you in an amount of hours that brings down the minimum wage, I can demonstrate the illegal nature of this act.

Other Wage & Hour Violations

In addition to violations of the minimum wage, I can also help defend your rights against other illegal activity.

Employers often violate wage rights in a number of ways, including:

• Refusing to pay time and a half overtime to employees considered “non-exempt” who are working more than 40 hours a week (including those on a salary)
• Forcing their employees to also use their meals and breaks as opportunities to work for free
• Using tips to pay employees who are not tipped, rather than giving them to the staff who rightfully earned them during their hours
• Improperly designating some employees as “exempt” or “nonexempt” to pay less
• Refusing to pay overtime to independent contractors
• Misclassifying employee roles to avoid having to pay for their benefits
• Refusing to pay employees

How Many Breaks In A 8-Hour Shift?

Because there are no labor laws in Texas regarding breaks, there is no requirement for an employer to provide a specific number of breaks during an 8-hour shift. However, it is common for workplaces to provide a 30-minute meal break and two 15-minute rest breaks during an 8-hour shift.

Texas employers must pay their employees for any hours that they work, so if an employer provides a longer meal break, where employees are relieved of all of their work duties, then the employer does not need to pay them for that time.

Are 15-Minute Breaks Required By Law?

Providing employees breaks is an optional employee benefit and is not required by federal law. Some states require breaks, however, Texas does not. The only exceptions may be found in special regulations that are related to occupations involving hazards, such as those who work at nuclear plants or high-altitude steel erection workers.

Frequently Asked Questions (FAQ) - Wage & Hour Law Lawyer in Tyler

1. What is the minimum wage in Texas?
The minimum wage in Texas is $7.25 per hour, which is the same as the federal minimum wage set by the Fair Labor Standards Act (FLSA). This rate has been in effect since July 24, 2009. Employers must pay at least this amount, and any attempts to lower wages through illegal deductions or reclassifications are against the law.

2. What are my rights if I work overtime?
If you are a "non-exempt" employee and work more than 40 hours in a week, your employer must pay you time and a half for those extra hours. If your employer is refusing to pay proper overtime wages, it could be a violation of wage and hour laws. A wage and hour attorney can help ensure you receive the compensation you deserve.

3. Are employers required to give breaks during an 8-hour shift?
In Texas, there are no specific state laws that require breaks for employees during an 8-hour shift. However, many employers choose to provide breaks, typically offering a 30-minute meal break and two 15-minute rest breaks. If you are required to work during your break, you must be paid for that time.

4. Are 15-minute breaks required by law?
No, federal and Texas state laws do not require employers to provide 15-minute breaks. While some states have specific laws mandating breaks, Texas does not. However, certain industries involving hazardous work may have special regulations requiring breaks for safety reasons.

5. Can an employer withhold wages?
No, an employer cannot withhold wages without a valid legal reason. If your employer is withholding wages, whether “momentarily” or otherwise, you may have grounds for legal action. It is important to speak with a wage and hour lawyer if you believe your wages are being wrongfully withheld.

Helpful Resources

• Texas Workforce Commission - Minimum Wage
• Texas Workforce Commission - Texas Payday Law
• U.S. Department of Labor - Wage and Hour Division

Call me at (903) 412-3788 or contact the firm online to ensure that you get the fair treatment you deserve.