Federal and state laws provide protection to employees to make sure that they are being properly paid for the work that they do. Whether you are paid hourly wages or a salary as a manager, executive, or salesperson, you should be paid the full amount that you are owed under the law and under your agreement. In some instances, the law provides for payment of not only unpaid wages, commissions, salaries, and tips but also penalties. If your employer has failed to pay you what you are owed, you should consult the experienced Dallas wage- law lawyers at Rob Wiley, P.C.
Unpaid Wages and CommissionsThe federal Fair Labor Standards Act (FLSA) requires employers to pay all employees the minimum wage. The FLSA also requires that overtime be paid at a rate of 1.5 times the ordinary wage for any time worked over 40 hours in a work week. The Texas Minimum Wage Act sets the minimum wage in Texas. However, tipped employees can be paid less than the minimum wage, as long as the tips are enough to bring the hourly equivalent up to minimum wage. Texas also sets a minimum tipped wage. Workers are entitled to bargain for higher wages.
Equal Pay for Men and WomenThe federal Equal Pay Act requires employers to pay male and female employees the same pay for jobs that require substantially the same effort, skill, and responsibility under similar work conditions. The work that is performed need not be precisely the same work in order for the law to apply. The compensation need not be only hourly wages or annual salaries; wages can include health insurance, company cars, bonuses, and expense accounts. Sometimes, it is appropriate for a wage law attorney in the Dallas area to pursue compensation in an equal pay lawsuit brought as a class action.
Importantly, an employer is not permitted to reduce some workers’ wages in order to equalize the wages. Moreover, the federal Lilly Ledbetter Fair Pay Act allows each paycheck affected by a discriminatory action to trigger a new 180-day statute of limitations for filing an equal pay lawsuit.
UnemploymentEach state has its own rules regarding unemployment benefits. The Texas Workforce Commission has responsibility for the state unemployment compensation program in Texas and administers the Texas Unemployment Compensation Act, among other employment laws. Various issues can arise in connection with unemployment benefits. Once you are no longer performing work for pay, a work separation has occurred, and you may be able to claim unemployment benefits. The benefits can be paid if you show that you are out of work through no fault of your own and are otherwise eligible.
There are short deadlines to appeal if the Texas Workforce Commissiona denies you unemployment benefits. If this happens to you and you believe that you are owed unemployment benefits, consult an experienced Dallas wage law attorney right away.
RetaliationIt is illegal for your employer to retaliate against you for making a minimum wage, equal pay, or overtime complaint. Although it is illegal, retaliation does happen. If you believe that you have been subjected to retaliation based on a wage and hour claim, you should seek guidance from an attorney.
Tipped EmployeesTipped employees need to be paid according to somewhat complicated laws. An employer can pay you less than minimum wage as long as the total of your tips added to your hourly wage comes out to at least minimum wage. However, your employer must still pay you the minimum tipped wage. If an employer does not comply with the rules, it will need to pay the difference out of pocket for all of the hours that the employee worked within a certain time frame, plus a penalty.
Consult an Experienced Wage Law Lawyer in DallasYou deserve fair pay for the work that you do at a Dallas workplace. Various federal and state laws provide potential recourse against employers that fail to pay appropriately. In some cases, it is appropriate to bring a class action. If you have suffered from a lack of fair pay on the job, you should consult an experienced employment attorney. Call us at (214) 528-6500 or complete our online form.