Texas is home to booming tech hubs, massive healthcare systems, and the nation's energy capitalโbut it is also a hotspot for wage theft. From IT professionals in Austin misclassified as "exempt" to Oil & Gas workers denied overtime on day rates, thousands of Texans are underpaid every year. Whether you are a salaried manager, a day-rate laborer, or a healthcare worker facing automatic deductions, federal law likely protects your right to overtime pay.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Texas does not have its own state overtime laws that exceed federal standards. This means most claims fall under the Fair Labor Standards Act (FLSA), which is good news: Federal law offers a 2-3 year statute of limitations, whereas the Texas Payday Law has a strict 180-day deadline.
Texas employers often use specific pay structures to misclassify workers and avoid paying overtime. These schemes are common in the Oil Patch, Austin Tech Hub, and statewide Retail/Service sectors.
Common in Oil & Gas (Roughnecks, Mud Loggers, Inspectors) and Construction. You are paid a flat fee per day (e.g., $300/day) regardless of hours worked.
The Violation: Paying a day rate does NOT exempt you from overtime! You are entitled to an extra half-time premium for every hour over 40. We have recovered millions for day-rate workers.
Common in Retail and Restaurants. You are paid a salary and given a title like "Assistant Manager," but you spend most of your time stocking shelves, cooking, or serving customers.
The Law: Job duties, not titles, determine overtime rights. If your primary duty is manual labor or customer service, you likely owe overtimeโeven if you are on a salary.
Common in Tech (Austin/Dallas) and Logistics. Employers label you an "Independent Contractor" (1099) to avoid paying payroll taxes and overtime, even though they control your schedule and work.
The Reality: If you work full-time hours for one company and follow their rules, you are likely an employee (W-2) misclassified as a contractor. You can recover unpaid overtime + tax penalties.
Strict Deadlines: Only 180 days to file a wage claim with the Texas Workforce Commission. (Federal law gives you 2-3 years!)
Covers: All unpaid wages, commissions, bonuses, and other compensation.
Time and a Half: Required for all hours over 40 in a workweek.
No Daily Overtime: Texas follows federal law - no daily overtime requirement (unlike California).
Common Issue: Oil & gas workers paid flat daily rates without overtime.
The Law: Day rate doesn't exempt you from overtime pay.
Recovery: Can claim years of unpaid overtime.
State Rate: $7.25 per hour (same as federal)
Tipped Workers: $2.13 per hour + tips
Youth Workers: $4.25 for first 90 days
Timing: Due by next regular payday after termination.
Commissions: Must be paid according to agreement terms.
Deductions: Limited to lawful deductions only.
No Required Breaks: Texas doesn't mandate breaks.
If Given: Short breaks under 20 minutes must be paid.
Lunch Deductions: Illegal if you work through lunch.
Rampant violations in the Permian Basin and Eagle Ford Shale:
Affecting commercial and residential builders statewide:
Servers, bartenders, and cooks in Texas cities:
Nurses and home health aides:
Warehouse and factory workers:
Austin and Dallas tech sector issues:
Recover 100% of the wages you were owed, typically going back 2 years (or 3 years for willful violations).
Federal law typically awards an equal amount as "liquidated damages." If you are owed $10,000 in wages, you could recover $20,000 total.
The employer is required to pay your legal fees if you win. We take cases on a contingency fee basis โ no fee unless we win.
Wage theft laws are complex, involving both the Texas Payday Law and the Federal Fair Labor Standards Act (FLSA). We have the federal court experience necessary to take on large companies in the Oil & Gas, Construction, and Tech industries.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.