Filing a Wage and Hour Claim – Texas

1. Does Texas have state overtime laws that are different from federal law?
Texas overtime law requires that non-exempt employees receive overtime pay for working more than 40 hours in a work week:

• Overtime pay rateOvertime pay must be at least 1.5 times the employee’s regular rate of pay.
• Hours includedOvertime includes most work performed before clocking in, putting on safety gear, lunch breaks, and traveling between work sites.
• ExemptionsSome employees are exempt from overtime pay, including those in executive, administrative, professional, or commissioned positions, or those who are paid a salary of at least $684 per workweek.

2. Does Texas have a minimum wage that is different from federal law?

The Texas minimum wage is tied to the federal minimum wage, which is currently $7.25. The minimum wage for tipped employees is $2.13. See the Texas website for more information.

3. How do I file a wage/hour or labor standards claim in Texas?

If your employer has not paid you wages you are owed, you can file a wage claim with the Texas Employment Commission. There is an elaborate procedure of investigations and hearings described here. The form for filing a wage claim can be found here. If you are not happy with the outcome of the process, you can ask a court to review the case. If your wage claim is valid, you may be entitled to double the amount you are owed from your employer. If your employer is paying you below the minimum wage, you can also bring a private lawsuit. 

4. What are my time deadlines?

Do not delay in contacting the Texas Employment Commission to file a claim. There are strict time limits in which charges of wage-and-hour violations must be brought. In order for the Commission to act on your behalf, you must file within two years after the date the wages were due for payment. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, although it is not necessary to have an attorney to file your claim the Commission.

5. How can I or my attorney pursue a claim in court in Texas?

If your employer has failed to pay you the minimum wage, you have two years from the date the wages were due to file a lawsuit to recover the unpaid wages. Your employer is liable to you for twice the amount you are owed in wages, and the court may also require your employer to pay your litigation costs and attorneys’ fees. If your employer has otherwise failed to pay your wages under Texas law, you must go through the administrative process described in the previous section.