Protecting Your Earnings: Pursuing Unpaid Wages In Austin

Under the federal Fair Labor Standards Act, all employees are entitled to minimum wage, and most employees are entitled to overtime pay for all hours worked above 40 hours in a week. Many employers try to game the system and underpay their workers by not paying for all of the time at work (for example not paying for time to put on and take off equipment or do administrative tasks) or by deducting a full hour for lunch even while making employees work through all or part of that break. If your employer is not paying you your full wages or the overtime to which you are entitled, please give us a call to discuss how to hold them to account.

At Holt Major Lackey, PLLC, we understand the challenges individuals face when employers fail to compensate them fairly. Our commitment stems from a desire to ensure every worker receives their entitled wages promptly.

Common Sources Of Unpaid Wages

Unpaid wages can take various forms, such as:

• Unpaid overtime: Employees often work beyond standard hours without receiving proper overtime pay as mandated by law.
• Working through breaks: Employers might require employees to work through designated breaks without compensating for the time worked.
• Misclassification as exempt: Misclassifying employees as exempt from overtime pay when they should legally be considered nonexempt.
• Improper deductions: Deductions from wages that do not align with legal regulations can result in underpayment.

These and other employment challenges can mean your hard work goes unrewarded making the workplace stressful and uncomfortable.

Pursuing Justice For Your Earnings

At Holt Major Lackey, PLLC, we advocate for your rights to unpaid wages. Our meticulous approach involves reviewing employment contracts, scrutinizing work records and navigating legal avenues to recover what you’re owed.

Types Of Unpaid Wages

• Breach of Contract/Failure to Pay Commissions: If you have an employment contract or work on a commission sales plan, the law holds your employer to the terms of that agreement, even if they try to renegotiate or underpay you. Perhaps your contract calls for a severance payment if you are terminated without cause, so your employer falsely claims there was cause to fire you. Or perhaps you are entitled to commissions for sales that were already closed and to which you were entitled under the terms of your commission plan, but your employer tries to terminate you without paying them. Whatever your employer might try to do to get out of their contractual commitments to pay you, we have the experience and legal knowledge to hold them to their bargain and get you the pay that you deserve.
• Unpaid commissions and bonuses: Ensuring proper compensation for earned commissions and bonuses that remain unpaid.
• Unpaid severance pay: Advocating for individuals entitled to severance pay as per their employment agreements.

When you are not paid for the work you do, it can be challenging to provide for yourself and your family. We are here to fight for you.

Frequently Asked Questions About Unpaid Wages

At Holt Major Lackey, PLLC, we are always willing to explain to our clients the things that they need to know to obtain fair compensation. Here are the answers to some important questions:

What are my rights regarding unpaid wages and when can I file a claim?

In general, you have the right to expect your wages, overtime, commissions, bonuses and severance pay to be paid on the scheduled pay dates, according to the hours that you worked. If you are not paid, you can submit a claim for your wages with the Texas Workforce Commission within 180 days of when the unpaid wages were due.

You also have the right to file a complaint through the U.S. Department of Labor, Wage and Hour Division, up to two years from the date that the wages were due. These dates may vary according to the type of compensation you were due. For instance, severance pay may be scheduled to pay out at different times than your final wages.

How do I determine if I have been paid correctly for my hours worked and any overtime?

If you suspect that you were not paid your proper wages and overtime, the first thing you should do is gather your pay stubs and check the hours counted against your schedule or any other record you have of your time worked. Then, multiply your regular rate of pay by 1.5 to determine your overtime rate and make sure that you were paid that amount for any hours you worked over 40 in a workweek.

Determining if you were deprived of unpaid commissions, bonuses or severance pay can be a little more difficult. You may need to review your work records, contract and other documents to see what your employer actually owes you.

What steps should I take if my employer refuses to pay my owed wages?

Payroll mistakes do happen, so you may often resolve the issue just by talking to your employer. If that fails, however, you need to file a prompt claim with the Texas Workforce Commission. You should also consider seeking an attorney’s guidance. We can help you better understand your legal options.

Your Earnings Matter

If you’ve encountered unpaid wages or compensation discrepancies, seeking legal counsel is essential. Contact us for a consultation by calling 512-982-1006 or completing our online contact form.