Wage and Overtime Lawyers in Houston, Texas
If your employer here in Houston has failed to pay you every dollar you earned, call Sneed & Mitchell LLP today at 713-800-6676. Texas employers often short your overtime, force you to work off the clock, or misclassify you to avoid paying what the law requires. If any of this has occurred to you or someone you love, you have legal rights under both federal and Texas law and could be entitled to compensation.
Wage theft is not a minor payroll error, it's an illegal act that employers here in Harris County commit deliberately and repeatedly against the working class men and women who keep their businesses running, and our trial attorneys won't allow them to get away with it.
At Sneed & Mitchell LLP, our Wage & Hourly Lawyers carry over 60 years of combined experience, have recovered over $100 million for plaintiffs across our state, and are known statewide for routinely holding employers accountable for wage violations that devastate working families throughout Houston. We have earned multiple Top Verdict distinctions in Texas courts, secured multiple 8-figure settlements against major corporations, and our attorneys are consistently ranked among the best trial lawyers in Texas year after year.
A Houston Wage and Overtime Law Firm Known Statewide for Winning
Sneed & Mitchell LLP is known statewide for routinely winning record-breaking recoveries for workers whose employers violated federal and Texas wage laws. Employers and defense attorneys on the other side of our cases know exactly what it means when our name appears on a wage related civil lawsuits filed here in Harris County. Our litigation efforts have directly changed the way employers here in Harris County structure their payroll practices, their overtime policies, and their worker classification decisions, because they know the consequences of getting it wrong when Sneed & Mitchell LLP is involved.
What Is Wage Theft and Is It Happening to You Here in Houston?
Wage theft is exactly what it sounds like. It is an employer taking money from a worker that the law says belongs to that worker, and it happens in more ways than most Houston employees ever realize until they sit down with one of our trial attorneys and go through their pay history line by line.
Unpaid Overtime
The most common form of wage theft our trial attorneys see here in Houston is unpaid overtime, which occurs when an employer fails to pay an eligible employee one and a half times their regular hourly rate for every hour worked beyond 40 in a single workweek. Employers here in Texas routinely manipulate time records, average hours across multiple weeks, or simply refuse to record overtime hours at all, and every one of those practices is illegal under federal law and grounds for a wage claim against the employer.
Minimum Wage Violations
The federal minimum wage here in Texas is $7.25 per hour, and employers are legally required to pay every eligible employee at least that amount for every hour worked. Tipped employees can be paid a lower base wage, but only if their tips bring their total hourly compensation up to at least $7.25 per hour, and when they don't, the employer is legally required to make up the difference. Employers here in Houston's restaurant, hospitality, and service industries routinely fail to make up that difference, and our trial attorneys pursue those violations aggressively on behalf of every affected worker.
Off the Clock Work
Off the clock work occurs when an employer requires or allows employees to work without recording or compensating those hours, including pre-shift preparation, post-shift cleanup, mandatory training sessions, and work performed during unpaid meal breaks that are routinely interrupted. Our trial attorneys consistently see off the clock violations in Houston's oilfield, construction, healthcare, and retail industries, and we routinely recover back pay for every uncompensated hour our clients worked throughout their employment.
Employee Misclassification
Misclassification is one of the most financially damaging wage violations our trial attorneys handle here in Houston, occurring when an employer labels a worker an independent contractor instead of an employee specifically to avoid paying overtime, benefits, and payroll taxes that the law requires for employees. The difference between a W-2 employee and a 1099 independent contractor is not determined by what an employer decides to call someone. It is determined by the actual working relationship, and our trial attorneys routinely prove misclassification by examining how much control the employer exercises over the worker's schedule, tools, methods, and output.
Tip Theft and Illegal Tip Pooling
Tip theft occurs when employers here in Houston illegally withhold tips earned by tipped employees, require tipped workers to share tips with non-tipped employees like managers and supervisors, or use tip credits improperly to reduce wages below the legal minimum. The restaurant and hospitality industries throughout Harris County are among the most common sources of tip theft claims our trial attorneys handle, and we pursue every dollar of stolen tips on behalf of the workers who earned them.
Illegal Paycheck Deductions
Employers here in Texas are prohibited from making deductions from an employee's paycheck that bring their effective hourly wage below the federal minimum or that were not properly authorized by the employee in writing, and illegal deductions for uniforms, equipment, tools, and alleged cash register shortages are among the most common violations our trial attorneys see in wage claims filed throughout Harris County.
Houston Industries Where Wage Theft Is Very Common
Wage theft here in Houston is not randomly distributed. It is concentrated in the industries that employ the largest numbers of hourly workers, often in physically demanding and dangerous conditions, and where the power imbalance between employers and employees is greatest.
Oil and Gas Workers
Houston's oilfield workers are among the most common victims of wage theft our trial attorneys represent here in Texas, particularly in cases involving the misclassification of oilfield hands as independent contractors specifically to avoid paying overtime that federal law requires. Workers who operate drilling equipment, perform well maintenance, drive oilfield trucks, and conduct inspections are routinely misclassified throughout Harris County and the surrounding oilfield regions of our state, and we routinely pursue those employers through federal court to recover every dollar of unpaid overtime our clients are owed.
Construction Workers
Construction workers throughout Houston's booming development corridor are among the most frequently underpaid workers in our state, with employers routinely failing to pay overtime for long workweeks that regularly exceed 40 hours, misclassifying laborers as subcontractors to avoid wage law compliance, and requiring off the clock preparation and cleanup time that is never compensated. Our trial attorneys consistently recover back pay and liquidated damages for construction workers throughout Harris County whose employers treated their wages as optional rather than legally required.
Trucking and Transportation Workers
Trucking and transportation workers here in Houston face unique wage and overtime challenges because employers in this industry routinely misuse federal exemptions to avoid paying overtime to drivers and logistics workers who are actually entitled to it under the Fair Labor Standards Act. Our trial attorneys are experienced at evaluating which trucking industry exemptions legitimately apply and which ones are being misused by employers to shortchange workers, and we pursue those claims aggressively on behalf of every affected driver throughout Harris County and across our state.
Restaurant and Hospitality Workers
Restaurant and hospitality workers throughout Houston's thriving food and entertainment industry are among the most vulnerable to wage theft here in Texas, facing tip theft, improper tip pooling, minimum wage violations driven by improper tip credit calculations, and off the clock work requirements that are common throughout the industry. Our trial attorneys routinely represent servers, bartenders, cooks, and hotel workers throughout Harris County whose employers have been taking money from them shift after shift, and we recover every dollar of back pay, unpaid tips, and liquidated damages those workers are entitled to under federal law.
Healthcare and Home Care Workers
Healthcare and home care workers here in Houston, including home health aides, certified nursing assistants, and personal care attendants, are among the most frequently victimized wage theft victims our trial attorneys represent throughout Harris County, particularly in cases involving off the clock work requirements, unpaid travel time between patient visits, and overtime violations driven by employers who manipulate scheduling specifically to avoid triggering overtime obligations under the Fair Labor Standards Act.
Federal and Texas Laws That Protect Houston Workers
Houston workers are protected by both federal and state wage laws, and understanding how those laws work together is essential to knowing what your employer owes you and what your options are when they fail to pay it.
The Fair Labor Standards Act
The Fair Labor Standards Act is the primary federal law governing wages and overtime here in Texas, establishing the federal minimum wage of $7.25 per hour, requiring time and a half overtime pay for every hour worked beyond 40 in a single workweek, and prohibiting the misclassification of employees as independent contractors to avoid those requirements. The FLSA applies to most employers throughout Harris County and across our state, and violations of it give workers the right to pursue back pay, liquidated damages, and attorney fees through federal court here in Houston.
The Texas Payday Law
The Texas Payday Law governs the timing and method of wage payments here in our state, requiring employers to pay wages on a regular schedule and prohibiting illegal deductions from employee paychecks. While Texas has not enacted a state minimum wage higher than the federal floor, the Texas Payday Law gives workers additional rights and remedies for unpaid wages that our trial attorneys routinely pursue alongside FLSA claims to maximize what our clients recover.
Overtime Rules Under the FLSA
Overtime under the Fair Labor Standards Act is calculated on a workweek basis here in Texas, meaning an employer cannot average hours across two or more weeks to avoid an overtime obligation that arose in a single week. If you worked 50 hours in one week and 30 hours the following week, your employer owes you 10 hours of overtime for the first week regardless of how the second week looked, and any employer here in Houston who tells you otherwise is either mistaken or deliberately misleading you about your legal rights.
Are You Entitled to Overtime Pay Here in Texas?
Yes, hourly workers here in Houston are entitled to overtime pay under the Fair Labor Standards Act. However, many employers in Harris County routinely misuse exemptions and misclassification to deny overtime to workers who are legally entitled to receive it.
Who Qualifies for Overtime Under Federal Law?
Any employee who is paid on an hourly basis and works more than 40 hours in a single workweek is entitled to overtime pay at one and a half times their regular hourly rate for every hour beyond 40, regardless of whether their employer calls it overtime or not. Salaried employees who earn less than the current federal salary threshold are also entitled to overtime pay under the FLSA, and our trial attorneys routinely evaluate salaried workers' situations to determine whether their employers have been illegally withholding overtime they are entitled to receive.
Common Exemptions Employers Misuse to Deny Overtime
The FLSA provides certain exemptions from overtime requirements for executive, administrative, and professional employees, but those exemptions have specific and narrow legal requirements that employers here in Houston routinely misapply to workers who don't actually qualify. A worker whose job title says manager but who spends the majority of their time performing the same manual or hourly tasks as their subordinates does not qualify for the executive exemption, and our trial attorneys consistently expose those misclassifications in the wage claims we handle throughout Harris County.
How Misclassification Is Used to Steal Overtime From Houston Workers
Misclassifying an employee as an independent contractor is the single most effective tool employers here in Houston use to avoid paying overtime, because independent contractors are not covered by the FLSA's overtime requirements. Our trial attorneys look at the economic realities of the working relationship rather than what the employer calls it, examining factors including how much control the employer exercises over the worker's schedule and methods, whether the worker's services are integral to the employer's core business, and whether the worker genuinely operates an independent business, to determine whether misclassification has occurred and pursue the employer accordingly.
What Can Houston Workers Recover in a Wage and Overtime Claim?
Houston workers who successfully pursue a wage and overtime claim under federal law are entitled to recover significantly more than just the wages their employer failed to pay them, and understanding the full scope of available recovery is one of the most important things our trial attorneys communicate to every client during their free consultation.
Back Pay and Unpaid Wages
Back pay is the foundation of every wage and overtime claim here in Texas, representing every dollar of wages, overtime, and tips your employer failed to pay you going back up to three years from the date your claim is filed under the FLSA, and up to two years for non-willful violations. Our trial attorneys retain payroll experts and forensic accountants to calculate the precise amount of back pay your employer owes you, going through every pay period, every time record, and every paycheck to make sure nothing is left behind.
Liquidated Damages That Double Your Recovery
Under the Fair Labor Standards Act, workers who successfully prove a wage violation are entitled to liquidated damages equal to the full amount of their unpaid wages, effectively doubling the total recovery in most cases. Employers can only avoid liquidated damages by proving they acted in good faith and had reasonable grounds to believe their pay practices were lawful, a defense that our trial attorneys consistently defeat by demonstrating the employer's knowledge of the violation and their deliberate choice to continue it.
Attorney Fees Paid by the Employer
One of the most powerful aspects of the Fair Labor Standards Act here in Texas is that employers who are found liable for wage violations are required to pay the prevailing employee's attorney fees and court costs, meaning Houston workers can pursue their wage claims without any financial risk to themselves beyond the time invested in the process. At Sneed & Mitchell LLP, we handle every wage and overtime case on a contingency fee basis, meaning you pay nothing upfront and owe us nothing unless we win, and when we do win the employer pays our fees directly.
Can My Employer Retaliate Against Me for Filing a Wage Claim in Texas?
Federal law here in Texas explicitly prohibits employer retaliation against workers who file wage claims, report violations to the Department of Labor, or participate in investigations or litigation involving wage and overtime disputes. Retaliation can take many forms including termination, demotion, reduction in hours, hostile treatment, or any other adverse action taken because an employee asserted their legal rights under the FLSA.
If your employer retaliates against you for filing a wage claim here in Houston, that retaliation itself becomes an independent legal violation that our trial attorneys pursue alongside your underlying wage claim, and the damages available for retaliation include reinstatement, additional back pay, compensatory damages, and attorney fees paid by the employer.
Don't let fear of retaliation stop you from recovering what your employer owes you. Our trial attorneys move quickly to protect workers from retaliation the moment we are retained, and we won't allow employers here in Harris County to punish workers for knowing and asserting their legal rights.
How Much Does It Cost to Hire a Houston Wage and Overtime Lawyer?
At Sneed & Mitchell LLP, we don't charge any upfront fees to handle your case! Although no all attorneys are free initially, we believe that every wage claim should be handled on a contingency fee basis, meaning you pay nothing unless we win. Also, when we do win the Fair Labor Standards Act requires the employer to pay our attorney fees directly.
There is no financial risk to you or your family at any stage of the process. No upfront costs, no hidden fees, and no out of pocket expenses regardless of how long the case takes or how aggressively we have to fight to recover what your employer owes you.
The real cost here in Texas is not hiring a lawyer. Employers who steal wages count on their workers being unwilling or unable to fight back, and without experienced legal representation the full scope of what you are owed including back pay going back three years, liquidated damages that double your recovery, and attorney fees paid by the employer will never be calculated, demanded, or recovered on your behalf.
The Deadline to File a Wage and Overtime Claim in Texas
Under the Fair Labor Standards Act, most wage and overtime claims here in Texas must be filed within two years of the violation, and in cases where the employer's violation was willful, that deadline extends to three years. Missing the applicable Statute of Limitations eliminates your right to recover wages for the pay periods that fall outside the limitations window, which is why contacting our team here in Houston as soon as possible directly determines how much of your back pay we can recover.
Don't wait. Every week that passes without filing a claim is potentially another week of recoverable wages that falls outside the limitations period. The moment you contact Sneed & Mitchell LLP, our team begins calculating your full back pay exposure and building the evidentiary foundation needed to pursue maximum recovery against your employer here in Texas.
Houston Workers Are Owed Every Dollar They Earned At Work
Employers here in Houston count on their workers not knowing their rights. They count on exhausted oilfield hands, construction crews, restaurant workers, and healthcare employees being too busy, too intimidated, or too uncertain about the law to push back when their paychecks come up short.
That calculation ends when workers call Sneed & Mitchell LLP.
Sneed & Mitchell LLP Won't Let Employers Steal From Our Clients
Niles Sneed and the trial team at Sneed & Mitchell LLP have built a reputation throughout Texas for routinely taking on employers of every size, from small Houston businesses to Fortune 100 and 200 corporations operating throughout Harris County, and winning. We won't allow our clients to be pushed around by HR departments, corporate defense teams, or employers who believe that their workers won't fight back. Every Houston worker who calls our firm gets the same level of aggressive, award winning trial representation that large corporations take for granted, and we won't stop until every dollar owed to our clients is recovered.
Winning Wage and Overtime Lawyers in Houston: Call (713) 800-6676 for a Free Consultation
By the time you call us, we're already prepared to fight. Sneed & Mitchell LLP is known statewide for routinely winning record-breaking recoveries for workers whose employers violated federal and Texas wage laws, and employers and their defense attorneys throughout Harris County know exactly what it means when our name appears on a wage claim.
We won't allow employers to steal from the working men and women of Houston, and we take every wage and overtime case personally because the outcome we achieve puts money back in our client's pocket that their employer had no right to take in the first place.
Every wage and overtime case we handle is on a contingency fee basis. You pay nothing upfront, owe us nothing unless we win, and when we do win the employer pays our attorney fees directly under federal law.
If you're unable to travel, our legal team comes to you. We also have a dedicated team of Spanish speaking trial attorneys here in Houston ready to serve workers who are more comfortable communicating in Spanish throughout every stage of the legal process, because wage theft in Houston disproportionately affects workers whose first language is not English and who are most vulnerable to employers who count on that barrier to avoid accountability.
Sneed & Mitchell LLP is a personal injury and employment law firm located at 2525 Robinhood St., Suite 1100, Houston, Texas 77005, reachable at (713) 800-6676 and serving workers throughout Harris County and across the State of Texas.
If your employer has failed to pay you every dollar you earned here in Houston, call us today at (713) 800-6676 or send us a message online and we'll contact you immediately. Your wages matter. Your rights matter. Let us fight for both.
