If your employer in Texas does not pay you minimum wage or refuses to grant your overtime pay, they are in violation of the Fair Labor Standards Act, and you may be able to legally file a wage and hour complaint. It’s best to discuss any wage issues with your employer before filing a complaint since the issue might be due to a payroll error. If this is not the case, there are a few steps that you take to begin this process.
Gather the appropriate information
You must have all of your employer’s information, including the company’s name, complete business address and phone number. You’ll need to provide your exact job title, salary information and job description. It’s essential to clarify if the complaint is for a minimum wage violation, an overtime compensation claim or any other type of violation. You must have the exact violation dates and a clear explanation of each incident.
Obtain the complaint form online or in person
Complaint forms are available at your state’s Department of Labor Wage and Hour Division office. This organization offers multiple options for filing your complaint form. You can also obtain the form by mail or online. An explanation of how to complete the form is available as well.
Submitting your complaint
It is important to submit your form as soon as possible since there is a statute of limitations on wage complaints. The Wage and Hour Division recommends submitting your form no later than 18 months after any violations since the statute of limitations is generally two years.
Investigation process
Be patient throughout the investigative process because it might take a while for you to receive a response. Wage complaints are confidential, and it’s illegal for your employer to fire you for filing one, so you’ll be able to continue working throughout the investigation.
Unfortunately, many instances of wage theft go unreported. Thankfully, help is available to employees who are determined to get paid for their work.