Wage & Hour / Overtime / Misclassification Disputes

The Hansum Law Firm has extensive wage and hour experience. Mr. Hansum has litigated wage and hour collective actions under the Fair Labor Standards Act ("FLSA") and has overseen numerous Department of Labor investigations. He has handled misclassification issues, complex overtime calculation situations, and off-the-clock disputes.

In Texas, the Fair Labor Standards Act and Texas Payday Law are two laws that are sometimes referenced in deciding pay issues for employees in Texas. As the U.S. Department of Labor has noted, the FLSA establishes minimum wage and overtime pay and affects "full-time and part-time workers in the private sector and in Federal, State, and local governments."

A few of the more commonly litigated areas in wage and hour law include:

• Whether certain salaried employees should instead be paid overtime pay when they work beyond 40 hours in a workweek (misclassification issues); and
• Working off-the-clock and not being paid for that time. By way of example, working during lunch time and not being compensated for that time as a non-exempt employee.

Separately, sometimes a company can receive a visit from the Texas Workforce Commission ("TWC") if there is an issue about whether certain individuals were misclassified as independent contractors and should have instead been employees. If the company is not prepared, or does not have the right kind of help, it can create substantial problems for the business both during the investigation and later on.

The firm, handles and focuses on the above complex issues as well as multiple other related pay issues. Please contact the firm for more information if you need help in this area.