Wage theft costs Texas workers an estimated $2 billion annually. Source: Economic Policy Institute. Here's what to look for.
Most common violations in DFW:
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Unpaid overtime. If you're non-exempt (hourly), you MUST be paid 1.5x for hours over 40/week. Source: Fair Labor Standards Act (FLSA) 29 U.S.C. 207.
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Misclassification as "independent contractor." If your employer controls when, where, and how you work, you're an employee regardless of what they call you. The IRS uses a 20-factor test.
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Working "off the clock." Requiring you to arrive early for prep, stay late for cleanup, or work through lunch without pay = wage theft.
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Tip theft. Under FLSA, tips belong to the employee. Management cannot take a portion. Texas follows federal tip rules.
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Final paycheck delays. Under Texas Labor Code 61.014, if you're fired, your final paycheck is due within 6 calendar days. If you quit, it's due by the next regular payday.
How to take action:
- Document hours meticulously. Use a personal time-tracking app (Toggl, free). Do NOT rely solely on the employer's timekeeping system.
- File with Texas Workforce Commission (TWC): twc.texas.gov — wage claim form
- File with US Dept. of Labor: dol.gov/agencies/whd/contact/complaints — for FLSA violations
- Consult a wage theft attorney. Many work on contingency (no upfront cost). Worker-side employment attorneys in DFW include firms listed on the National Employment Law Project referral list.
RECEIPTS REQUIRED: If sharing a wage theft story, include documentation of hours worked, pay received, and the discrepancy. Personal time logs, pay stubs, and screenshots of employer communications.
Sources:
- Fair Labor Standards Act (29 U.S.C. 201-219)
- Texas Labor Code Chapter 61 (Payment of Wages)
- Economic Policy Institute — wage theft data
- TWC — wage claim process
- US Dept. of Labor — Wage and Hour Division
Track your own hours. Every day. Trust but verify.
Sound off in the comments.