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Austin Wage And Hour Law Attorney

Employees' Fundamental Rights

Overtime and wage and hour claims involve the most fundamental of employee rights. An employee is entitled to be paid for all hours worked at the agreed-upon rate.Many employers across the country violate this most basic principle on a daily basis. In doing so, they violate both federal and state law. Often, these violations involve:

  • Minimum wage: Nonexempt employees are entitled to be paid at least the minimum hourly wage established by law. Texas has adopted the federal minimum wage.
  • Unpaid overtime: Nonexempt employees are also entitled to be paid overtime wages for hours worked over 40 hours per week.
  • Overtime rate: Overtime wages are to be paid at 1½ times the regular hourly rate.
  • Other wage issues: Wage and hour law also covers areas such as employee tips, liability for employment expenses and the timing of payment.

Job titles are not determinative of whether you are eligible for minimum wage or overtime pay. If your employer uses your job title as an excuse for why you are not being paid the amount required by law, contact us to learn about all of the options available to you.

Exemptions Are Narrowly Construed

The law does allow certain employees to be exempted from certain wage and overtime requirements, but these exemptions are applicable in only very limited circumstances. There are three basic exemptions - for professional, administrative and managerial employees - and several specialized exemptions for outside salespeople and some commissioned and computer employees. All of these exemptions are narrowly interpreted, however, and the burden is on the employer to establish that the employee is exempt and is not entitled to the minimum wage or overtime compensation.

Seek The Advice Of A Knowledgeable Wage And Hour Lawyer

Questions of coverage under wage and hour law often involve complicated analysis of the employee's job duties and the applicable law.

If you have a question about whether you or your fellow employees are being paid legally and fairly, you should immediately contact the Law Offices of Kell A. Simon. I will put you in direct contact with Kell Simon, an attorney with more than 15 years of experience who is certified as a labor and employment law specialist by the Texas Board of Legal Specialization. Kell will give you the personal attention, honest advice and custom-tailored solutions you deserve.

From our Austin office, I serve employees across all of Texas. Call 512-898-9019 to arrange a free consultation today.