UNPAID WAGES ATTORNEY AUSTIN TX
Wage theft — unpaid overtime, minimum wage violations, illegal tip pooling, and off-the-clock work — is the most widespread employment violation in the United States. Austin's booming restaurant, tech, and gig economy create high-volume wage claim environments. Our Austin unpaid wages attorneys recover back pay, liquidated damages, and attorney fees under the Fair Labor Standards Act (FLSA) and Texas Payday Law.
What We Can Do For You
Back wagesAll unpaid overtime, minimum wage shortfall, and off-the-clock pay for up to 3 years
Liquidated (double) damagesFLSA allows recovery of double the back wages for willful violations
Tip theft recoveryIllegal tip pooling, tip skimming, and manager tip taking under the FLSA tip credit rules
Attorney feesFLSA provides that prevailing plaintiffs recover attorney fees from the employer
InterestPre-judgment interest on unpaid wages adds to total recovery
Injunctive reliefCourt orders requiring the employer to comply with wage laws going forward
Key Information
1
Restaurant & Service Industry
Tip credit violations, illegal tip pools, and off-the-clock work are endemic in Austin's large restaurant industry.
2
Tech & Startup Misclassification
Workers classified as contractors or exempt employees who should be entitled to overtime under FLSA tests.
3
Healthcare Worker Overtime
Hospitals and healthcare facilities that don't pay overtime for mandatory on-call time, donning/doffing, or pre-shift work.
4
Construction & Trades
Paying day rates or piece rates without guaranteeing overtime for hours over 40 per week.
5
Gig & Delivery Workers
Misclassification of gig workers as independent contractors when they meet the economic realities test for employee status.
What You Should Know
FLSA applies to most employees in businesses with $500,000 in annual revenues or engaged in interstate commerce — very broadly applicable
The economic realities test (not the IRS or business agreement) determines employee vs. contractor status under FLSA
Collective action (class action) under FLSA allows similarly situated workers to join one lawsuit — employers face amplified liability
Save pay stubs, time records, schedules, and any communications about pay practices
The 2-year FLSA statute of limitations extends to 3 years for willful violations — file promptly
Retaliation for filing wage claims is illegal under FLSA
Frequently Asked Questions
What is the minimum wage in Texas?▾
Texas follows the federal minimum wage of $7.25/hour. Austin does not have a higher local minimum wage.
What is the overtime rate under FLSA?▾
Non-exempt employees must be paid 1.5x their regular rate for all hours worked over 40 in a single workweek.
I was classified as exempt from overtime. Can I still have a claim?▾
Possibly. Many employees are misclassified as exempt. The FLSA exemptions (executive, administrative, professional, outside sales) have strict salary and duties requirements. An attorney reviews whether your classification is proper.
My employer paid me in cash. Does FLSA still apply?▾
Yes. FLSA applies regardless of payment method. Cash payments that don't meet minimum wage or overtime requirements are still violations.
Can I file a wage claim without being fired?▾
Yes. Current employees can file FLSA claims. Retaliation against an employee for filing a wage claim is a separate and independent FLSA violation.
How much is a typical FLSA settlement?▾
Value depends on the number of affected employees, the duration of the violation, and the amount of unpaid wages. Individual claims range from hundreds to tens of thousands. Collective actions can be worth millions.