Does Texas follow FLSA?
Employees in Texas are protected by both the Texas Labor Code and the Fair Labor Standards Act (FLSA). The FLSA defines “overtime” as working over 40 hours in a workweek. Overtime in Texas pays 1.5 times an employee’s regular hourly rate. There are few overtime exemptions in Texas, which follow federal law.
Can I sue my employer for not paying me correctly in Texas?
Yes, you can sue your employer for other unpaid or improperly paid wages by filing a state or federal claim. In some cases, an employer might classify you as an “independent contractor” to avoid providing you with required employee benefits.
What is an FLSA lawsuit?
Eligible workers who were not properly compensated by their employer for working overtime hours may qualify to file a lawsuit under the Fair Labor Standards Act (FLSA). Workers who qualify to file a lawsuit may be able to recover unpaid overtime wages, as well as additional compensation.
What is FLSA in Texas?
The Family Medical Leave Act (also known as FMLA) is a federal law passed in 1993 which provides limited protections for employees that need time off work for medical leave for themselves or a family member. It allows employees to take up to 12 weeks of time off work without risk of termination. FMLA leave is unpaid.
What are my rights as an employee in Texas?
Employees are eligible for benefits, unemployment insurance, workers’ compensation, protection against discrimination, and health and safety protection by the Occupational Safety and Health Administration. Independent contractors do not share these benefits.
What qualifies an employee to be exempt in Texas?
Employees Not Entitled to Overtime Pay Those not covered by FLSA are known as exempt employees. These exemptions also apply in Texas. So if you’re paid an annual salary and earning more than a certain amount set by law, you are considered “exempt” and not covered by the FLSA.
Who do I contact if my employer doesn’t pay me Texas?
the Texas Employment Commission
If your employer has not paid you wages you are owed, you can file a wage claim with the Texas Employment Commission. There is an elaborate procedure of investigations and hearings described here. The form for filing a wage claim can be found here.
How do I complain about my employer that doesn’t pay me?
A) Approach Labour Commissioner: If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
Can you be forced to work unpaid overtime?
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
Can you be terminated while on FMLA in Texas?
Is It Legal to Fire Someone on FMLA Leave? Despite protections under the FMLA, employers do have a legal right to fire employees while they are on FMLA leave. However, they can only do so if it is for legitimate, non-discriminatory reasons.
How long can you take a leave of absence from work in Texas?
The maximum combination of paid and unpaid leave taken pursuant to the FMLA is limited to twelve [12] work weeks in a twelve-month period.
What are the rules for salaried employees in Texas?
Generally, an employee “must receive his full salary for any week in which he performs any work without regard to the number of days or hours worked”. However, the regulation recognizes “the general rule that an employee need not be paid for any workweek in which he performs no work”.
What is the minimum salary to exempt in Texas?
An employee who fits this exemption may be paid either a salary of at least $684 per week,* or on an hourly basis with no premium for overtime work, i.e., straight-time pay for all hours worked, as long as the hourly rate is at least $27.63 per hour.
What can an employee do when not paid?
In case of any discrepancy or non-payment of salary one can approach the labour commissioner to seek redressal. 3. Cases that come to the labour court must be decided upon within a three-month period. If the matter is not resolved by the labour commissioner the same can be pursued in a court of law by the employee.
What is the law on overtime in Texas?
According to Texas overtime laws, employers are required to pay their employees overtime pay for hours worked over forty hours a week. Texas overtime laws require that overtime pay should be no less than one and one-half times the employee’s regular rate of pay.