Claiming Unpaid Overtime Wages in Texas
Am I eligible to collect unpaid overtime from my employer?
The Texas overtime minimum wage is $10.88 per hour, one and a half times the regular minimum wage of $7.25. If you earn more then the Texas minimum wage rate of $7.25, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
If your employer has failed to pay you a proper overtime wage for any amount of qualifying overtime worked, you are eligible to receive back wages and possibly additional damages from your employer.
The Fair Labor Standards Act (FLSA) explicitly protects Texas workers who file an overtime complaint from being penalized by their employer for filing the complaint with threats, suspension, or firing. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.
How can I collect back wages if my employer owes me overtime?
After checking to ensure that your job is not exempt from overtime under Texas law, the next step to take in filing an unpaid overtime claim is submitting an official complaint including all pertinent information to your local Department of Labor office. If the Texas Department of Labor cannot solve your overtime case, you can file a civil claim with the Texas state court system by levying an unpaid overtime lawsuit against your employer.
Contacting the Department of Labor in Texas Regarding Unpaid Overtime
If you believe you are owed unpaid overtime, or think your employer is not complying with other labor laws, your first point of contact is your local field office of the Federal Department of Labor. There are seven field offices located in Texas.
Contact the office nearest to you, and they will be able to advise you of your legal rights and your next steps. You may want to have your employer's information and any relevant paystubs available. Remember, it is illegal for your employer to punish you for speaking to the Department of Labor! You can find contact information for the Texas Department of Labor here.
US Dept. of Labor Wage & Hour Division JJ Pickles Federal Building 300 East 8th Street, Suite 865 Austin, TX 78701
Nicole Sellers, District Director
P: (512) 236-2560
Camino Center II 17625 El Camino Real Suite 482 Houston, TX 77058
Adrian Samaniego, District Director
P: (281) 488-0690
US Dept. of Labor Wage & Hour Division Wilson Plaza 606 N. Carancahua, Suite 705 Corpus Christi, Texas 78401
Vince Leija, Asst. District Director
P: (361) 888-3152
US Dept. of Labor Wage & Hour Division The Offices @ Brookhollow 1701 E. Lamar Blvd., Suite 270, Box 22 Arlington, TX 76006-7303
Curtis L. Poer, District Director
P: (817) 861-2150
US Dept. of Labor Wage & Hour Division 8701 S.Gessner Drive, Suite 1164 Houston, TX 77074-2944
Robin Mallet, District Director
P: (713) 339-5500
US Dept. of Labor Wage & Hour Division 1101 E Hackberry Ave., Suite 400 McAllen, TX 78501
Nathan Barrow, District Director
P: (956) 682-4631
US Dept. of Labor Wage & Hour Division Northchase 1 Office Building 10127 Morocco, Suite 140 San Antonio, TX 78216
Cynthia Ramos, District Director
P: (210) 308-4515
Texas Min Wage - $7.25 per hour as of 2023