Ambitious, Experienced And Professional Employment Law Attorneys

How to file a wage claim under the FLSA

As an employee in Texas, you have the right to receive the pay you are due for the work you perform. If your employer violates the Fair Labor Standards Act or FLSA by cheating you of your wages, you have the right to file a claim. You should know your rights and how you can file your claim.

What is the law per the FLSA?

The FLSA dictates wage and hour law. It first emerged in 1938 as a way to protect workers, most of whom were underpaid. The law was amended so that the minimum wage could be raised and workers in various industries could be protected. The following are important aspects of the FLSA:

  • Minimum wage: The law establishes the federal minimum wage for hourly workers. Hospitality workers such as waitstaff are exempt from the minimum wage as many of them earn their salary in tips.
  • Overtime pay: Per the law, employers must pay employees who perform overtime work time and a half for any work that goes beyond 40 hours per week. Some employees are exempt from the overtime requirement.
  • Child labor: The FLSA limits the amount and type of work children under 16 can perform. They cannot work during school hours except in very few instances such as agricultural work.
  • Record-keeping: Employers are required to keep records of data on their employees, including their hours worked, wages paid, deductions and additions and so forth. They are also required to put up displays that inform employees of their legal rights per the FLSA and how they can file a complaint if necessary.

There are additional details the FLSA requires. For example, there are certain rights held by nursing mothers who are in the workplace.

How can you file a wage claim?

Per the FLSA’s wage and hour law, you can file a wage claim if you think your employer has violated the law. If you have not received pay that you know you are due, it’s your legal right to file a complaint. You should be able to do so anonymously with the Department of Labor’s Wage and Hour Division or WHD. There is a statute of limitations for filing. You have three years from the most recent wage violation when your employer has willfully withheld money that they owe you. If you wait too long, however, you will not be able to file and recover your pay.

If your employer owes you money and has cheated you of your rightful pay, taking action is often a wise thing to do. Research your options and file a claim.