Wage and Hour lawyer in Texas: What They Do and When to Call One
May 29, 2025
  • Evan Lange By Evan Lange
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Before proceeding, please review the  legal disclaimer.

Wage and Hour Lawyer in Texas: Fight for the Pay You’ve Earned

Have you been shorted on your paycheck? Denied overtime? Paid late or off the books? These are not just workplace frustrations—they’re violations of state and federal law.

If you’re dealing with wage theft or unfair pay practices, it may be time to speak with a wage and hour lawyer.

At The Lange Firm, we represent employees across Texas who’ve been underpaid, misclassified, or otherwise cheated out of what they’ve rightfully earned. In this comprehensive guide, we’ll explain your rights, what violations to look for, how to file a claim, and how we can help.


What Does a Wage and Hour Lawyer Do?

A wage and hour lawyer helps employees recover unpaid wages, enforce labor rights, and pursue damages against employers who violate wage laws.

At The Lange Firm, we assist clients with:

  • Unpaid overtime

  • Minimum wage violations

  • Illegal deductions

  • Misclassification of employees as independent contractors

  • Denied meal or rest breaks

  • Tip theft

  • Final paycheck disputes

  • Off-the-clock work

Whether you’ve lost hundreds or thousands in unpaid wages, you may be entitled to compensation plus penalties.


Common Wage and Hour Violations

Here are some of the most frequent violations we see:

✅ 1. Unpaid Overtime

You’re entitled to 1.5x your regular hourly rate for hours worked beyond 40 per week—unless you’re legally exempt.

✅ 2. Misclassification as Exempt

Many employers mislabel workers as “exempt” from overtime when they legally qualify for it.

✅ 3. Minimum Wage Violations

Texas follows the federal minimum wage of $7.25/hour. Tipped workers must still earn at least that after tips.

✅ 4. Off-the-Clock Work

If you’re forced to work before clocking in, during unpaid breaks, or after your shift, that’s illegal unpaid labor.

✅ 5. Illegal Deductions

Employers can’t deduct wages for uniforms, damages, or shortages without written consent—and can never reduce your pay below minimum wage.

✅ 6. Not Paying Final Paycheck

Texas law requires final wages to be paid within 6 days of termination for fired employees.


What Are Your Legal Rights Under Texas and Federal Law?

Your rights are protected by:

  • The Fair Labor Standards Act (FLSA) – Federal law

  • Texas Payday Law – State law on timely wage payment

  • Department of Labor (DOL) – Federal enforcement agency

  • Texas Workforce Commission (TWC) – State agency for wage claims

Employers who violate these laws may owe:

  • Back pay

  • Liquidated damages (double the amount owed)

  • Legal fees

  • Interest and penalties


Who Is Protected Under Wage and Hour Laws?

Nearly all employees are covered, including:

  • Hourly workers

  • Salaried non-exempt employees

  • Tipped employees

  • Interns (in some cases)

  • Freelancers misclassified as independent contractors

However, some exempt employees—like executives, professionals, and some outside salespeople—may not qualify for overtime.

A wage and hour lawyer at The Lange Firm can review your job duties to determine whether you were properly classified.


Signs You Should Contact a Wage and Hour Lawyer

You should seek legal help if:

  • You regularly work over 40 hours and don’t receive overtime

  • You’re not paid minimum wage after tips

  • Your employer asks you to “clock out and keep working”

  • Your paycheck contains unexplained deductions

  • You haven’t been paid for all hours worked

  • You didn’t receive your final paycheck

  • You’re asked to sign away your rights or confidentiality

  • You’re fired after asking about pay discrepancies

Don’t wait—Texas wage claims have short time limits, and the clock may already be ticking.


How to Prove a Wage and Hour Violation

Evidence is key. Gather:

  • Timecards or punch records

  • Paystubs and wage statements

  • Work schedules or text messages

  • Emails from managers

  • Screenshots from clock-in systems

  • Witness statements from coworkers

Even if you don’t have perfect records, The Lange Firm can help reconstruct your case and use subpoena power to demand employer documents.


Damages You May Recover

Employees who win wage and hour claims may recover:

  • Unpaid wages

  • Overtime pay

  • Liquidated damages (up to 2x the wages owed)

  • Attorney’s fees

  • Interest and penalties

  • In rare cases, punitive damages

In class or collective actions, entire groups of employees may recover large settlements.


What to Expect When You Hire The Lange Firm

Here’s what we do for clients:

  1. Free consultation to assess your case

  2. Legal analysis of wage and hour law violations

  3. Settlement negotiation or employer demand letter

  4. Filing with DOL or TWC, if needed

  5. Lawsuit in state or federal court, if employer won’t pay

We handle many cases on a contingency fee basis—meaning no legal fees unless we win or settle your claim.


Texas Wage and Hour Laws at a Glance

CategoryRule
Minimum Wage$7.25/hour (federal and Texas rate)
OvertimeTime-and-a-half for hours > 40/week
Final PaycheckWithin 6 days if fired, next payday if quit
DeductionsMust be authorized and legal
Tip CreditEmployer can claim up to $5.12/hour
BreaksNot legally required (except nursing moms)

Industries Where Wage Theft Is Common

Some industries have higher rates of wage and hour violations:

  • Construction

  • Food service

  • Hospitality

  • Retail

  • Janitorial services

  • Healthcare (home care workers, CNAs)

  • Transportation and logistics

  • Call centers

📌 If you work in one of these sectors, speak to The Lange Firm about your pay practices—especially if you’ve noticed irregularities.


Final Thoughts

So what does a wage and hour lawyer do?

✅ We fight for your wages.
✅ We hold employers accountable.
✅ We help you get justice—one paycheck at a time.

At The Lange Firm, we’ve seen how underpayment affects real lives. Don’t settle for less than you’ve earned. Let us help you claim what’s rightfully yours.

📞 Call today for a confidential consultation.

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    Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.