Dallas Employment Lawyer
Protecting the Rights of Texas Workers
All employees in the state of Texas have certain rights. When employers violate those rights, they can be held legally responsible.
At Potts Law Firm, our Dallas employment lawyers represent workers across a broad range of industries who have suffered financial, emotional, and reputational harm due to unjust employer practices. We have extensive experience and a long track record of success, having secured more than $1 billion in compensation for our clients. If you believe that your employer has violated your rights, we encourage you to reach out to our firm right away to schedule a free consultation at our Dallas office.
Call (214) 238-8572 or contact us online today to get started.
Workplace Discrimination Laws in Texas
Texas workers are protected from workplace discrimination by both state and federal law. These laws are enforced by the U.S. government’s Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC).
In Texas, it is illegal for any employer with 15 or more employees to discriminate against an employee based on the following protected classes:
- National origin
- Sex, including pregnancy, childbirth, etc.
- Genetic information
- Disability (mental or physical)
- Age (40 and older)
- Citizenship status
Although the state of Texas does not explicitly prohibit discrimination based on sexual orientation or gender identity, many cities—including Dallas—have adopted legislation prohibiting discrimination on these protected classes.
Workplace discrimination can take many forms and may occur at various stages of employment, including but not limited to:
- Firing/terminating employment
Discrimination may include failing to interview a job candidate because she is pregnant, passing over a qualified employee for a promotion because of his race, or firing an employee based on their immigration status. It can also include failing to provide reasonable accommodations to an employee with a mental or physical disability or otherwise treating any employee unjustly based on one or more protected classes.
Harassment, including sexual harassment, is also considered a form of workplace discrimination. This includes both quid pro quo and hostile work environment harassment.
Filing an Hour & Wage or Unpaid Overtime Claim in Texas
All employers must pay their employees at least minimum wage. Although Texas is one of few states to still offer only the federal minimum wage of $7.25 per hour (for 2022), Dallas has enacted a minimum wage of $15.50 per hour, which may increase in 2023.
Note that Texas employers are permitted to take a “tip credit,” meaning they can pay tipped employees less than minimum wage with the assumption that the employees will “make up” the difference in tips. If a tipped employee does not make enough tips to earn minimum wage, the employer must make up this difference.
Additionally, Texas law requires employers to pay non-exempt employees overtime at a rate of one-and-a-half times their regular pay. Generally speaking, overtime should be paid for all hours worked beyond 40 hours in a single workweek (with some exceptions).
Employers often violate employees’ wage and hour rights by:
- Failing to pay minimum wage
- Taking unlawful wage deductions
- Taking unlawful tip credits
- Misclassifying or reclassifying workers to avoid paying overtime
- Failing to pay overtime for hours worked beyond 40 in a single workweek
- Underpaying overtime
- Failing to pay overtime by claiming overtime hours were not pre-approved
- Failing to provide employees with mandated rest and meal breaks
- Requiring employees to work “off the clock”
If your employer has violated your hour, wage, or overtime rights, you can file a claim for damages, such as financial loss, back-pay, unpaid wages, and more.
Let our firm fight for your rights; call (214) 238-8572 or contact us online today to schedule a free and confidential case evaluation.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
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Your Rights as an Employee
Both federal and state laws grant employees certain rights. It is important that you fully understand these rights so that you can protect yourself and take immediate action when they are violated.
Below is a brief overview of some of your most basic employee rights:
- The right to be free from workplace discrimination and harassment
- The right to receive fair pay for hours worked, including at least minimum wage
- The right to receive overtime pay (if you are not an exempt employee) at a rate of one-and-a-half times your normal rate for hours worked beyond 40 hours in a single workweek
- The right to report unlawful conduct by an employer without being retaliated against
- The right to report workplace discrimination or harassment without being retaliated against
- The right to not be wrongfully terminated or unjustly dismissed
- The right to reasonable workplace accommodations
- The right to be provided with a safe work environment and the necessary tools, equipment, and resources to complete your work
These are just some of your many employee rights. If you believe that your employer has violated any of your rights, we strongly recommend that you reach out to our Dallas employment law attorneys right away to learn how we can help.
ERISA Class Action Settlement $36 Million
Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.