At the Pursley Law Firm PLLC, a Texas Overtime Lawyer can provide representation to clients in Houston, Dallas, Austin, San Antonio, Fort Worth, El Paso, and most of Texas in the following areas:
Texas FLSA, Labor Wages Texas, Overtime Texas, Paid Time Texas, Texas Payday Law, Texas Wage Deductions, Texas Child Labor
Your Right To Legal Representation
If you are an employee or other type of wage earner (for example minimum wage) who has not been paid for the work that you have performed, you should seek legal representation from experienced Texas overtime lawyers as soon as possible. The Federal Fair Labor Standards Act (FLSA), 229 U.S.C. Â§201 was enacted in 1938 during the great depression to protect employees. This act has been amended numerous times and now applies to most employees and employers who do not work in the agriculture industry. The act focuses upon the protection of workers and their compensation that they are entitled to with the assistance of an overtime lawyer. Employers are encouraged by the act to hire more workers to avoid paying extra for overtime work performed. Many employees are exempt under this statute due to their classification as an employee. Your overtime lawyer will most likely need to research your specific circumstances in order to make a determination as to whether the FLSA applies to you.
Texas Unpaid Wages Case Determination
The employer's enterprise must qualify under at least two criteria in order for the overtime lawyer to determine you have a case. First, the employer must employ at least two employees who work in an area that is legally construed to constitute interstate commerce under applicable law. Most all business has a tie to interstate commerce, but an analysis should be done by your overtime lawyer to make the determination. Second, the employer must have gross annual sales or business volume of at least $500,000.00. The calculation for determining sales or business revenue must be computed through the application of various formulas that are mandated by the act, and can be done by an overtime lawyer. The employer-employee relationship must exist for the act to be applicable. The act may cover full time, temporary and part time workers in addition to employees who are family members, part owners of the enterprise and even illegal aliens. Independent contractors and volunteers are not covered by the act. Ultimately, check with your overtime lawyer to determine eligibility. An overtime lawyer will be able to evaluate the details of your case.
Texas Employment Law Special Exemptions
An employee may be exempt under the white-collar exemption provision of the act, which stipulates that an employee is exempt from the act, if: the employee is paid a minimum level of compensation that is certain; paid on a salary rather than hourly; and performs certain types of duties that constitute an exemption. Again, an overtime lawyer will know the details.
Some administrative employees are exempt from the act if they perform non-manual work that is directly related to the management of the business operation for the employer, and in this capacity they routinely perform the exercise of discretion and independent judgment with the handling of significant matters. The test for an administrative exemption is less definitive than the white-collar exemption and can be more difficult for an overtime lawyer to use. Some examples of administrative functions that provide for an exemption to the law include: tax, finance, accounting, budgeting, auditing, insurance, quality control, purchasing, procurement, advertising, marketing, research, safety & health, personnel management, human resources, employee benefits, labor relations, public relations, government relations, computer network, internet & database administration, and legal or regulatory compliance positions. Each of these positions still requires that the discretion of the employee and their independent judgment with respect to significant matters be proven by an overtime lawyer in order to prove the exemption.
Many other exemptions to the statute apply; however, you should allow your overtime lawyer to make that determination. Some positions such as creative professionals or computer related technology positions may or may not be exempt from the statute depending on the number of common law tests, and your overtime lawyer will determine that. Highly compensated employees are exempt who earn more than $100,00.00 per year including their salary and other forms of compensation paid, if the employees primary duty includes performing office or non-manual work; they customarily and regularly perform at least one of the exempt responsibilities of an executive; and the employees total compensation exceeds $100,000.00. Many outside sales positions are considered exempt. Other exemptions exist on the basis of a salary test, which your overtime lawyer can have conducted.
Collective Action Suits In Texas
If you are not the only employee that holds a position in a company who has been underpaid for overtime due, it is possible that a collective action may be asserted against the employer with the guidance of an overtime lawyer. Your employer is prohibited by federal law from retaliating against you for hiring an overtime lawyer or seeking to enforce your rights to just compensation under the FLSA. If you have been denied pay that you are entitled to, you should seek the counsel a confident overtime lawyer immediately. There are statutes of limitation that provide for deadlines that preclude you from being able to recover for a claim asserted under this act, so act quickly and establish a relationship with a Texas overtime lawyer as soon as possible.
The Pursley Law Firm Texas overtime attorneys serve those in:
Houston, Dallas, Austin, and Fort Worth and nearby Texas communities including Angleton, Clear Lake, Conroe, Friendswood, Galveston, Katy, Sugar Land, the Woodlands, and Pearland; Galveston County, Hardin County, Brazoria County, San Jacinto County, Liberty County, Chambers County, Jefferson County, Dallas County, Wharton County, Waller County, Grimes County, Orange County, Travis County, Bexar County, Colorado County, Tyler County, Jasper County, Newton County, and Matagorda County, Montgomery County, Fort Bend County and El Paso County.
All Offices Are By Appointment Only
Houston: 4615 Southwest Freeway Suite 700 Houston, Texas 77027 Tel: (713) 893-0022
Dallas 5956 Sherry Lane Dallas, TX 75225 (214) 306-6475
Austin 8000 Centre Park Suite 330 Austin, TX 78754 (512) 879-4175
San Antonio 1100 NW Loop 410 Suite 700 San Antonio, TX 78213 (210) 787-4410