Texas employers must follow labor laws to avoid disputes and litigation. The Fair Labor Standards Act (FLSA) is a federal law that requires employers to compensate workers according to minimum wage and overtime requirements. FLSA wage and hour claims can result in costly and time-consuming litigation for employers. Employers who find themselves facing FLSA litigation need a strong defense.
At Sul Lee Law Firm PLLC, our Texas employment law attorneys have extensive experience in employment litigation, including FLSA wage and hour claims. Our legal team works to protect your company and business assets. We use our in-depth knowledge of employment and labor law to develop a strategic approach to wage and hour claims.
Contact Sul Lee Law Firm PLLC to schedule a consultation with an experienced Texas employment law attorney.
How Our Texas Employment Law Attorneys Help Your Company Defend a Wage and Hours Dispute
Texas employers face numerous wage and hour disputes. At Sul Lee Law Firm PLLC, our attorneys defend small and large companies in all types of FLSA claims. Employment litigation disrupts a business. Our goal is to resolve disputes with as little impact on your operations as possible.
When you hire our top-rated Texas employment law attorneys, you can expect us to:
- Meet with you to discuss the details of the dispute
- Analyze the claim to determine if it is appropriate under the FLSA
- Evaluating the employee classification to ensure the employee is classified correctly based on their job duties
- Analyze your timekeeping records to ensure accuracy
- Identify potential defenses based on the facts of the wage and hour claim
- Explore potential settlement options and negotiate fair settlements when possible
- Litigate the claim in court if that is the best strategy for protecting your company
Our attorneys have top ratings and recognition from numerous legal organizations, including Super Lawyers, American Institute of Legal Counsel, Expertise.com, and Fastest Growing Law Firms 2023 Winner. We are International Advisory Experts Awards Winner for 2022 and received the Lawful Clients’ Choice Awards in 2024.
At Sul Lee Law Firm PLLC, we help clients successfully defend against FLSA wage and hour claims. Call us today to schedule a consultation with a Texas wage and hour attorney.
What Is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) establishes employment standards for employees in the private sector. It also governs employees working in federal, state, and local governments. Examples of FLSA standards include, but are not limited to:
- The federal minimum wage of $7.25 per hour must be paid to non-exempt employees. However, states may set a higher minimum wage for employees.
- Overtime pay for non-exempt employees is one and one-half times the employee’s regular pay. Overtime pay must be paid for hours worked over 40 hours per workweek.
- Hours worked generally include all time a worker is required to be on the employer’s premises, on duty, or at a designated workplace.
- Employers who meet specific criteria may take a partial credit against minimum wage for tipped employees.
- Employers must keep accurate time and pay records.
These rules apply to non-exempt employees. Exempt employees typically receive a salary and work in a professional, administrative, outside sales, computer, or executive role. FLSA does not cover exempt employees.
Common Wage and Hours Disputes Filed Under the FLSA
Because the FLSA has multiple wage and hour regulations, an employer may be accused of one or more violations. Workers may accuse employers of:
- Incorrectly classifying an employee as exempt or an independent contractor
- Requiring job duties that are not within the employee’s job title
- Incorrectly paying commissions or piecemeal workers
- Failing to pay minimum wage
- Assuming a salaried employee is not subject to overtime rules
- Forcing an employee to work “off the clock”
- Refusing to or incorrectly paying overtime wages
- Failing to make up the difference when a tipped employee’s hourly wage falls below the minimum wage
- Taking improper deductions from an employee’s pay
- Failing to pay workers for all hours worked
- Not keeping accurate and complete books and records
- Failing to pay for a meal break that meets the FLSA standards for paid time
Employees are not required to give you advance notice that they are filing an FLSA lawsuit. If you receive a lawsuit, contact an employment law attorney immediately. Gather and preserve documentation, including employee paystubs, job descriptions, internal policies, etc.
Potential Defenses to FLSA Violations in Texas
Our attorneys develop a defense strategy based on the facts and circumstances of the case. Potential defenses to wage and hour claims include:
- The employee is correctly classified as an exempt employee
- The employee did not work the hours they claimed based on accurate records
- You were acting in good faith and in compliance with a ruling or clarification of the Department of Labor
- Employee misconduct for intentionally working off the clock against clear company policies against this practice
- The statute of limitations has expired for claims
Do not retaliate against an employee for filing a claim and hour dispute because that could lead to additional legal claims. Always talk with an attorney before discussing the matter with the employee to avoid making a statement that could be interpreted as guilt.
Penalties for FLSA Wage and Hour Claims
Violating the Fair Labor Standards Act can be costly for an employer. The penalty assessed depends on the violation. For example, a violation of minimum wage or overtime pay results in a civil money penalty of up to $1,000 per violation. However, violating the child labor provisions of the FLSA could result in a civil money penalty of up to $10,000 for each minor worker.
In addition to the civil money penalties, a party may be charged with a crime for intentional violations of the FLSA. A conviction could result in a fine of $10,000. A subsequent conviction may result in a prison sentence.
Employees may file civil lawsuits against their employers for wage and hour disputes. Workers may recover back pay and other damages for a civil lawsuit.
Contact Our Texas Employment Law Attorneys for More Information
Prompt legal advice can help you resolve an employment dispute effectively and efficiently. If you receive notice of a wage and hours claim or suspect an investigation may be forthcoming, contact Sul Lee Law Firm PLLC to discuss the matter with an experienced Texas FLSA attorney.
Our wage and hour complaints attorneys provide sound legal advice regarding the current dispute. We also offer advice regarding changes to your employment practices that can help you avoid future claims and disputes.