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DFW Employment Law
If you worked the hours, you should be paid for them.
Off-the-clock work, misclassification, and missing overtime are some of the most common — and most recoverable — wage violations. Under federal law, you may be owed back pay, often doubled.
The Fair Labor Standards Act (FLSA) requires most employees to be paid at least minimum wage and 1.5x their regular rate for hours over 40 in a week. Calling you "salaried," "exempt," or an "independent contractor" doesn't automatically make it legal — what matters is your actual job duties and how you're paid. If your employer got it wrong, you may recover unpaid wages plus an equal amount in liquidated damages.
Common ways workers get shorted
- Misclassification as "exempt" — being paid a salary doesn't automatically mean you're exempt from overtime. The exemption depends on your real duties.
- Misclassification as an "independent contractor" — many workers labeled 1099 contractors are really employees entitled to overtime.
- Off-the-clock work — pre-shift setup, post-shift cleanup, working through lunch, answering calls and emails after hours.
- Unpaid overtime — not paying time-and-a-half for hours over 40, or averaging hours across two weeks.
- Tip and minimum-wage violations — improper tip pooling or paychecks that fall below minimum wage.
What you may be able to recover
Under the FLSA, you can typically recover up to two years of unpaid wages — three years if the violation was willful — plus an equal amount in liquidated damages, effectively doubling the back pay. The law also allows recovery of attorney's fees, which is part of why these cases can often be taken on without money up front.
Texas and federal protections
Texas follows the federal FLSA for overtime and minimum wage, and the Texas Payday Law gives workers another avenue to recover wages an employer has failed to pay. We'll help you figure out which path fits your situation.
Do I have a case?
If any of this sounds familiar, let's talk.
- You're paid a flat salary but regularly work more than 40 hours a week.
- You're classified as a 1099 contractor but treated like an employee.
- You work before clocking in or after clocking out.
- You answer calls, emails, or texts for work outside your paid hours.
- Your paycheck doesn't add up to at least minimum wage for all hours worked.
Common questions
Straight answers.
I'm paid a salary — am I still owed overtime?
Maybe. A salary alone doesn't make you exempt from overtime. Whether you're exempt depends on your actual job duties and how much you're paid. Many salaried workers are misclassified and are owed overtime.
How far back can I claim unpaid wages?
Under the FLSA, generally up to two years — or three years if the violation was willful. The Texas Payday Law has its own deadlines, so it's best to act promptly.
What if my employer says I'm a contractor?
The label doesn't control. Courts look at the economic reality of the relationship — how much control the company has, who sets your schedule, and more. Many "contractors" are legally employees entitled to overtime.
Will it cost me money to pursue this?
The initial consultation is $150, credited back to you if we win. FLSA cases often allow recovery of attorney's fees from the employer, which means many can be handled with no fees out of your pocket. We'll explain the specifics for your case.
Areas we serve
Representing employees across Dallas–Fort Worth.
Serving employees across the Dallas–Fort Worth Metroplex. Charges for the DFW area are handled through the EEOC Dallas District Office and the Texas Workforce Commission.
Take the first step
The sooner you have counsel, the more options you have.
Reaching out today can change the outcome.