Fair Pay for Hard Work. It's the Law.
Many employers try to cut costs by ignoring wage laws. If you have been denied overtime, misclassified, or forced to work off the clock, we fight to get you every dollar you earned.
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The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is the federal law that establishes minimum wage, overtime pay eligibility, and record-keeping standards. Despite these clear regulations, wage theft is incredibly common.
At Saffold Law, we represent employees—from hourly workers to commissioned sales representatives—who have been cheated out of their fair compensation. You work hard for your money, and we work hard to make sure you keep it.
Common Wage Violations We Handle
Employers often use complex tactics to underpay their staff. We handle cases involving:
1. Unpaid Overtime
Under federal law, most employees are entitled to “time-and-a-half” pay for all hours worked over 40 in a single workweek. Employers often try to avoid this by:
- Claiming you are “salaried” when you should be hourly.
- Averaging hours over two weeks (e.g., working 30 hours one week and 50 the next, but paying straight time for 80 hours).
- Offering “comp time” instead of overtime pay (which is generally illegal in the private sector).
2. Misclassification (Exempt vs. Non-Exempt)
Just because your boss calls you a “Manager” or puts you on a salary doesn’t mean you lose your right to overtime. If your primary duties are not truly managerial or administrative, you may have been misclassified as “Exempt” and could be owed years of back overtime pay.
3. Independent Contractor Misclassification
Some employers label workers as “Independent Contractors” (1099) to avoid paying payroll taxes, benefits, and overtime. If the company controls your schedule, provides your tools, and directs your work, you are likely an employee by law, not a contractor.
4. "Off-the-Clock" Work
Your employer must pay you for all time you are required to work. Violations include:
- Asking you to prepare the workspace before clocking in.
- Forcing you to clean up or answer emails after clocking out.
- Automatically deducting lunch breaks when you actually worked through lunch.
- Requiring you to attend unpaid training or meetings.
5. Unpaid Commissions & Bonuses
Disputes often arise when an employee leaves a company. If you earned a commission or a non-discretionary bonus before you quit or were fired, Texas law generally requires the employer to pay it. We review your employment contract and commission plans to enforce payment.
Tipped Employees
If you work in a restaurant or service industry, your employer can take a “tip credit” to pay you less than the standard minimum wage, but they must follow strict rules.
- Tip Pooling: Tips can only be shared with other service employees (not managers or cooks).
- Side Work: If you spend significant time doing non-tipped work (like cleaning), you may be entitled to the full minimum wage for those hours.
Retaliation is Illegal
It is illegal for an employer to fire, demote, or punish you for asking about your pay or filing a wage claim. If you were retaliated against for asserting your rights under the FLSA, you can sue for additional damages.
What We Can Recover For You
In wage and hour lawsuits, the law is very powerful. If successful, you may be entitled to recover:
Back Pay
All the unpaid wages and overtime owed to you (typically going back 2-3 years).
Liquidated Damages
An additional amount equal to your unpaid wages (essentially “double damages”) as a penalty to the employer.
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Attorney's Fees & Costs
The employer is often required to pay your legal bills.
Don't Let Them Steal Your Time.
Wage theft adds up. A few hours a week can mean thousands of dollars a year in lost income. Contact Saffold Law today for a free evaluation of your pay stubs and employment status.
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