When an employer fails to pay you what you earned, it is not a misunderstanding — it is a violation of the law. Unpaid overtime, withheld wages, misclassified employment status, and illegal deductions from paychecks are among the most common ways Texas workers are cheated out of the money they are owed. These violations cost American workers billions of dollars every year, and many employees never recover what was taken from them because they do not know their rights or believe they cannot afford to fight back.
Table of Contents
- Why Clients Choose Our Firm
- Types of Wage and Hour Cases We Handle
- Common Damages in Wage and Hour Disputes
- What to Do If Your Employer Violates Wage Laws
- How We Build Your Wage and Hour Case
- Compensation Available in Wage and Hour Claims
- Who Can Be Held Responsible
- Texas Wage and Hour Law Overview
- Serving Clients Across Texas
- Contingency Fee — No Upfront Cost
- Frequently Asked Questions
At Key Trial Lawyers, we represent employees across Texas in wage and hour disputes against employers who refuse to follow federal and state labor laws. Our attorneys handle claims under the Fair Labor Standards Act (FLSA), the Texas Payday Law, and other worker protection statutes. We have the litigation experience and the resources to take on employers of any size — from local businesses to national corporations.
Wage theft does not happen by accident. Employers who shortchange workers on overtime, manipulate time records, or classify employees as independent contractors to avoid paying benefits are making calculated decisions to increase their profits at your expense. Holding these employers accountable requires an attorney who is prepared to go to trial if that is what it takes to recover what you are owed.
If your employer has failed to pay you properly, you may be entitled to recover your unpaid wages, liquidated damages equal to the amount owed, and attorney’s fees. Contact Key Trial Lawyers for a free consultation to discuss your wage and hour dispute.
Why Clients Choose Our Firm
Trial-Tested Employment Attorneys
Many employment law firms settle every case as quickly as possible, often for far less than the claim is worth. Key Trial Lawyers operates differently. Our attorneys prepare every wage and hour case as if it is going to trial. Employers and their legal teams recognize the difference between a lawyer who will accept a lowball settlement and one who is ready to present evidence to a jury. That preparation consistently produces better outcomes for our clients, whether through negotiation or at trial.
Deep Knowledge of Federal and Texas Wage Laws
Wage and hour law involves a complex intersection of federal regulations under the FLSA, Texas state statutes, and Department of Labor guidance. Our attorneys understand the technical requirements of overtime calculations, the legal standards for employee classification, and the procedural rules that govern these claims. That knowledge allows us to identify violations that other firms miss and build stronger cases from the start.
No Fee Unless We Recover Your Wages
We take wage and hour cases on a contingency fee basis. You pay nothing upfront and owe no legal fees unless we recover money for you. This ensures that every worker can afford experienced legal representation regardless of financial circumstances. The employer pays for your legal costs when we win — not you.
Types of Wage and Hour Cases We Handle
Unpaid Overtime Claims
The FLSA requires most employers to pay overtime at one and a half times the regular rate for all hours worked beyond 40 in a workweek. Employers violate this requirement by misclassifying employees as exempt, requiring off-the-clock work, manipulating time records, or using improper pay calculations. If you have worked more than 40 hours in a week and were not paid time and a half, you likely have a valid overtime claim.
Minimum Wage Violations
Texas follows the federal minimum wage of $7.25 per hour. Employers violate minimum wage laws by paying less than the required rate, making illegal deductions that bring pay below minimum wage, requiring unpaid training time, or failing to pay for all hours worked. Tipped employees must also receive at least the federal minimum when tips and base pay are combined.
Employee Misclassification
One of the most widespread wage violations in Texas involves employers classifying workers as independent contractors when they are legally employees. This misclassification allows employers to avoid paying overtime, providing benefits, and contributing to Social Security and unemployment insurance. The legal test for classification depends on the degree of control the employer exercises over the worker, not on what label the employer assigns.
Off-the-Clock Work
Employers who require or allow employees to perform work before clocking in, after clocking out, or during unpaid meal breaks are violating federal wage laws. Common examples include requiring employees to set up equipment before a shift, answer emails after hours, or undergo security screenings after clocking out. All compensable work time must be recorded and paid.
Tip Theft and Tip Pool Violations
Texas employers who claim a tip credit must follow strict rules about tip pools, tip sharing, and minimum cash wages. Managers and supervisors cannot participate in tip pools. Employers cannot use tips to offset costs unrelated to service. When employers violate these rules, tipped workers can recover the full minimum wage plus any stolen tips.
Illegal Paycheck Deductions
Under the Texas Payday Law, employers cannot make deductions from an employee’s wages without proper written authorization. Deductions for cash register shortages, damaged equipment, uniforms, or other business expenses may be illegal if they were not authorized in writing by the employee or if they bring pay below the minimum wage.
Failure to Pay Final Wages
Texas law requires employers to pay final wages within specific timeframes. Employees who are terminated must be paid within six days. Employees who quit must be paid by the next regular payday. When employers withhold final paychecks or refuse to pay accrued vacation or commissions that are owed, they are violating the Texas Payday Law.
Common Damages in Wage and Hour Disputes
Wage and hour violations cause real financial harm to workers and their families. The damages our clients suffer include:
- Lost wages from unpaid overtime, minimum wage violations, and withheld paychecks
- Lost benefits resulting from employee misclassification, including health insurance, retirement contributions, and workers’ compensation coverage
- Financial hardship caused by unexpected shortfalls in expected income, including late payments on rent, utilities, and other obligations
- Tax consequences from being misclassified as an independent contractor, including self-employment taxes that the employer should have covered
- Career setbacks from retaliation, including termination, demotion, or reduced hours after reporting wage violations
- Emotional distress from the stress of financial instability caused by an employer’s illegal conduct
These damages are often compounded when violations continue over months or years before the employee realizes what is happening or decides to take legal action.
What to Do If Your Employer Violates Wage Laws
If you believe your employer is not paying you correctly, taking the right steps early can strengthen your legal claim:
1. Document your hours and pay. Keep your own records of hours worked, including start and end times, breaks taken, and any work performed off the clock. Save all pay stubs, direct deposit records, and any written communication about your pay rate or schedule.
2. Preserve evidence of the violation. Save emails, text messages, memos, or any written policies related to pay, overtime, classification, or deductions. If your employer has asked you to work off the clock or told you that you are not eligible for overtime, document when and how that communication occurred.
3. Do not sign anything without legal review. Employers facing wage claims sometimes present severance agreements, releases, or arbitration agreements designed to waive your rights. Do not sign any document related to your pay or employment status without consulting an attorney.
4. Contact a wage and hour attorney. An experienced employment lawyer can evaluate your situation, identify all applicable violations, and determine the best path to recovering your wages. There are strict statutes of limitations for wage claims — two years under the FLSA, or three years if the violation was willful — so acting promptly matters.
How We Build Your Wage and Hour Case
Wage and hour claims require detailed factual analysis and a thorough understanding of how federal and state labor laws apply to your specific employment situation. Our approach includes:
Comprehensive payroll analysis. We examine your pay records, time sheets, and employment agreements to calculate exactly how much you are owed. In cases involving unpaid overtime, we reconstruct your actual hours worked and compare them to what you were paid.
Classification review. If your claim involves misclassification, we analyze the nature of your work, the degree of control your employer exercised, and the economic reality of the relationship to determine whether you meet the legal definition of an employee under the FLSA.
Evidence gathering. We obtain employer records through discovery, including payroll databases, scheduling software data, time clock records, and internal communications. In many cases, electronic records reveal systematic patterns of wage violations affecting multiple employees.
Expert analysis. For complex claims involving large groups of employees or sophisticated pay structures, we work with forensic accountants and labor economists who can calculate aggregate damages and testify about industry pay practices.
Trial preparation. From the first day, we build your case for trial. We prepare witness testimony, develop exhibit packages, and draft jury instructions that clearly explain the employer’s legal obligations and how they were violated.
Compensation Available in Wage and Hour Claims
Federal and Texas law provide several categories of compensation for employees whose wage rights have been violated:
Back pay. You can recover the full amount of unpaid wages, overtime, and other compensation that your employer failed to pay. This includes any amounts withheld through illegal deductions or pay practices.
Liquidated damages. Under the FLSA, employees who prove wage violations are entitled to liquidated damages equal to the amount of unpaid wages. This effectively doubles the recovery. Liquidated damages are automatic unless the employer can prove the violation was made in good faith — a difficult standard to meet.
Attorney’s fees and costs. The FLSA requires employers who lose wage and hour cases to pay the employee’s reasonable attorney’s fees and litigation costs. This provision ensures that workers can pursue valid claims without financial barriers.
Penalties under Texas law. The Texas Payday Law provides for administrative penalties against employers who fail to pay wages on time. Employees can also recover additional damages through the Texas Workforce Commission complaint process.
Collective and class action recovery. When an employer’s wage violations affect multiple employees, we can pursue collective action under the FLSA or class action claims to recover wages for all affected workers simultaneously.
Who Can Be Held Responsible
Wage and hour claims can be brought against multiple parties, not just the direct employer:
The employer entity. The company, corporation, partnership, or individual that employed you and controlled your pay is the primary defendant in any wage claim.
Individual owners and managers. Under the FLSA, any individual who qualifies as an “employer” — meaning they had operational control over the company or the authority to hire, fire, and set pay — can be held personally liable for wage violations. This is a powerful tool that prevents business owners from hiding behind corporate structures.
Joint employers. When two or more entities share control over an employee’s work — such as a staffing agency and the company where you actually perform work — both may be jointly liable for wage violations. This is common in temporary staffing, subcontracting, and franchise arrangements.
Successor companies. If an employer sells the business or reorganizes under a new name, the successor entity may still be liable for wage violations that occurred before the transition.
Texas Wage and Hour Law Overview
Texas wage and hour claims are governed primarily by federal law, with state law providing additional protections in specific areas.
The Fair Labor Standards Act establishes the federal minimum wage, overtime requirements, and child labor protections. It applies to most private employers and covers the vast majority of Texas workers. The FLSA requires overtime pay at 1.5 times the regular rate for non-exempt employees who work more than 40 hours in a workweek.
Texas does not have its own state overtime law, so all overtime claims in Texas proceed under the FLSA. However, the Texas Payday Law provides important protections regarding the timing and method of wage payments, final wage requirements, and prohibited deductions.
The statute of limitations for FLSA claims is two years from the date of the violation, or three years if the employer’s violation was willful. For Texas Payday Law claims filed through the Texas Workforce Commission, the deadline is 180 days from the date wages were due.
Employees are protected from retaliation under both federal and state law. An employer cannot fire, demote, reduce hours, or take any adverse action against an employee for filing a wage complaint, participating in an investigation, or testifying in a wage and hour proceeding.
Serving Clients Across Texas
Key Trial Lawyers represents employees in wage and hour disputes throughout the state of Texas. We handle cases in Houston, Dallas, Fort Worth, San Antonio, Austin, El Paso, and every county in between. Wage theft affects workers in every industry and every region of the state — from oil field workers in West Texas to restaurant employees in the major metro areas.
Whether your employer is a local business or a national corporation with operations in Texas, our attorneys have the experience and resources to pursue your claim aggressively. We handle cases in both federal and state courts and have experience with the specific procedural requirements of each jurisdiction.
Contingency Fee — No Upfront Cost
We believe every worker deserves access to experienced legal representation, regardless of financial resources. That is why we handle wage and hour cases on a contingency fee basis. You pay nothing out of pocket — no retainers, no hourly billing, no upfront costs of any kind.
Our fee is a percentage of the recovery we obtain for you. If we do not recover wages on your behalf, you owe us nothing. This arrangement means we are fully invested in the outcome of your case, and it ensures that the financial risk falls on us — not on the worker whose wages were stolen.
Frequently Asked Questions
How do I know if I am exempt from overtime pay?
Exemption from overtime depends on your actual job duties, not your job title or whether you are paid a salary. Under the FLSA, employees must meet specific duties tests for executive, administrative, professional, or outside sales exemptions and must earn above the salary threshold. Many employees who are told they are exempt actually qualify for overtime. An experienced wage and hour attorney can evaluate your job duties to determine your correct classification.
Can I file a wage claim if I am an undocumented worker?
Yes. The FLSA protects all workers regardless of immigration status. If you performed work for an employer in the United States, you are entitled to be paid the minimum wage and overtime for the hours you worked. Employers who threaten to report workers to immigration authorities for asserting their wage rights are engaging in illegal retaliation.
What is the deadline for filing a wage and hour claim in Texas?
Under the FLSA, you have two years from the date of the wage violation to file a claim, or three years if the violation was willful. For claims under the Texas Payday Law filed through the Texas Workforce Commission, the deadline is 180 days. Because these deadlines are strict and missing them can eliminate your claim entirely, you should consult an attorney as soon as you suspect a violation.
Can my employer retaliate against me for filing a wage complaint?
No. Federal and Texas law prohibit employers from retaliating against employees who report wage violations, file complaints, or participate in wage investigations. Retaliation includes termination, demotion, reduced hours, reassignment, or any other adverse employment action. If your employer retaliates, you may have an additional legal claim for damages caused by the retaliation.
How much does it cost to hire a wage and hour attorney?
At Key Trial Lawyers, there is no upfront cost. We handle wage and hour cases on contingency, meaning we only get paid if we recover wages for you. Under the FLSA, employers who lose wage claims are also required to pay the employee’s reasonable attorney’s fees, which further reduces the financial burden on workers pursuing valid claims.
