Dallas minimum wage lawyers represent clients in Dallas, Fort Worth and surrounding parts of Texas in unpaid minimum wage cases. Under the Fair Labor Standards Act (FLSA), all nonexempt employees must receive at least minimum wage for each hour worked up to forty hours in a work week. If the employee works more than forty hours than the employee must receive 1.5 times the regular rate of pay as overtime pay. Employees who do not receive owed minimum wage or overtime pay can recover unpaid wages, liquidated damages, attorney’s fees and court costs.
What is the federal minimum wage?
The federal minimum wage set by the Fair Labor Standards Act is $7.25 per hour. Non-exempt employees must receive at least $7.25 for each hour worked up to forty. Then the employee earns overtime pay. Exempt employees who meet one of the FLSA exemptions or exceptions, such as certain salaried employees, do not have to receive minimum wage or overtime pay.
What are common minimum wage violations in Texas?
Common minimum wage violations in Texas include not paying for all hours worked, misclassifying employees as exempt, misclassifying as independent contractors, failing to pay minimum wage to non-exempt commissioned employees, paying a wage rate below minimum wage and tipped employee violations.
Not paying employees for all work.
Employees may receive less pay than minimum wage due to employers not counting all work time under the FLSA on the timesheet. This can include long distance driving time, waiting to work without payment, employers clocking out employees while they continue to work and requiring employees to perform work before or after shifts without payment.
Misclassifying employees as exempt.
The FLSA allows employers to pay exempt employees on pay structures other than hourly rates of pay. Sometimes these exemptions result in hourly pay below minimum wage. An employee misclassified as exempt that falls below minimum wage has a claim for unpaid minimum wages.
Misclassifying employees as independent contractors.
The FLSA does not apply to independent contractors. Independent contractors are not employees under the FLSA, therefore minimum wage does not apply. However, employers may misclassify employees as independent contractors. Misclassified employees are entitled to minimum wage and overtime pay.
Commission below minimum wage.
Employees paid on straight commission for inside sales, such as retail, are still entitled to minimum wage. Commissioned employees who receive less commission than minimum wage must receive hourly pay to make up minimum wage. Employers can discount future commissions to make up for what they pay hourly; but ultimately the employee must receive minimum wage for each hour worked. (And overtime pay for hours over forty.)
Paying wages below minimum wage.
Sometimes employers pay employees less than minimum wage because they think they can get away with it. A non-exempt employee must receive minimum wage for each hour worked.
Tipped employees receiving less than minimum wage.
Tipped employees usually receive minimum wage through a combination of hourly pay and tips. This combination must equal at least minimum wage for each hour worked, along with overtime pay as applicable. Employers may pay eligible employees minimum wage against a tip credit. The tip credit adjusts the hourly pay to $2.13. The employee subject to the tip credit must meet all the regulatory requirements for the tip credit to apply. If the employee does not meet the regulations then the employee must receive full minimum wage from the employer, plus tips.
Employers also underpay minimum wage by improper tip pool deductions. Employees who receive tips may be required by the employer to enter a tip pool in which some tips are pooled among eligible employees and shared among tipped employees. This is commonly called tipping out. It usually applies to bartenders and barbacks who do service work but do not receive tips on every table they help serve. Employers violate tip pooling regulations by tipping out to ineligible employees or requiring too large of a tip pool. If your employer violated tip pool regulations then you can recover for unpaid wages and tips with the help of Dallas minimum wage lawyers.
Contact minimum wage lawyers in Dallas, Texas
Minimum wage lawyers in Dallas, Texas represent clients in cases against their employers for unpaid minimum wage and overtime pay. If you believe your employer paid less than minimum wage for work then you should contact a Dallas minimum wage lawyer ASAP to discuss your case.