About Us

Our practice is exclusively devoted to employment law, and we are Board Certified in this field by the Texas Board of Legal Specialization. We are passionate about protecting the rights of our clients, whether in negotiations or in court.

We have earned numerous accolades for our work, including being named as Texas Super Lawyers’ “Rising Star” and “Super Lawyer” (a Thomson Reuters service), “Litigator of the Week” by Texas Lawyer, and having our trial verdicts featured as the “Top Texas Verdicts & Settlements” by Verdict Search.

We have extensive experience in representing employees from all levels and backgrounds in various employment-related matters. We have litigated cases in state and federal trial and appellate courts across the nation, and we have advocated for employees before state and federal agencies such as the EEOC (Equal Employment Opportunity Commission), the TWC (Texas Workforce Commission), and the DOL (Department of Labor).

We represent clients in employment matters arising under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Texas Commission on Human Rights Act, and other federal and state laws.

Who we are

Rick Prieto Founding Partner

Rick Prieto is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and devotes his entire practice to employment related issues. He is a strong advocate for his clients and is dedicated to fighting for their rights, both at the negotiating table and in the courtroom. In recognition of these efforts, he is honored to have been selected for inclusion on the Texas Super Lawyers’ “Rising Star” and “Super Lawyer” (a Thomson Reuters service). Rick is a member of the College of the State Bar, an organization recognizing commitment to continuing legal education. He has also been named “Litigator of the Week” by Texas Lawyer, and has had trial verdicts selected as the “Featured Verdict” and “Top Texas Verdicts & Settlements,” as reported by Verdict Search.

Rick has substantial experience representing employees, including executives, in a wide variety of employment-related matters. Mr. Prieto’s experience includes litigation in state and federal trial and appellate courts throughout the country and representing employees before state and federal administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), and the U.S. Department of Labor (DOL). Mr. Prieto has successfully first-chaired employment matters to verdict. Additionally, he has extensive experience handling wage and hour class actions throughout the country. He is a contributing author to the American Bar Association’s Fair Labor Standards Act (FLSA) Midwinter Report, a treatise devoted to the litigation of Wage & Hour Collective and Class Action Litigation nationwide. Mr. Prieto’s transactional experience includes reviewing, drafting and negotiating employment agreements and other workplace documents.

Rick represents clients in employment matters arising under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Texas Commission on Human Rights Act, and other federal and state laws.

  • Texas State Bar, Μαy 2008
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Colorado District Court
  • United States New Mexico District Court
  • United States North Dakota District Court
  • United States District Court for the Northern, Southern, Western and Eastern Districts of Texas
  • United States District Court for the Western District of Arkansas
  • United States District Court for the Western District of Oklahoma
  • United States District Court for the Northern District of Ohio

Oklahoma City University School of Law Oklahoma City, OK

J.D., December 2007

Honors

  • Dean’s List Spring 2005, Fall 2005, Spring 2006, Spring 2007
  • Phi Delta Phi (honor law fraternity for students in top 25% of Class)
  • CALI Award for highest grade in antitrust law

Texas A & M University College Station, TX

B.A., Political Science, December 2002

Minor in Spanish/Hispanic Studies

  • Board Certified, Labor and Employment Law, Texas Board of Legal Specialization
  • Texas Super Lawyers’ “Rising Star” by Texas Monthly, 2014 – 2018
  • Texas “Super Lawyer” by Texas Monthly, 2021 – 2022
  • Named “Litigator of the Week” by Texas Lawyer – 2015 (FLSA Jury Trial Victory)
  • Trial verdict selected for inclusion in “Top Texas Verdicts & Settlements of 2014,” as reported by Verdict Search
  • Member of The College of the State Bar of Texas, an organization recognizing commitment to continuing legal education
  • Contributing author to the American Bar Association’s FLSA Midwinter Report, 2016, 2018 – 2022
  • National Employment Lawyers Association (NELA) – former Treasurer, former Secretary
  • Member of the Labor and Employment Law Section of the State Bar of Texas
  • Member of the Labor and Employment Law Section of the Houston Bar Association
  • Member of the Texas Employment Lawyers Association (TELA)
  • Houston Bar Association – Labor & Employment Section – Council Member 2021-2024
  • Fluent in Spanish

Melinda ArbuckleFounding Partner

Melinda Arbuckle has devoted her entire career to representing real people with their employment issues. In practice since 2012, Melinda has represented hundreds of thousands of employees who have received substantial compensation due to their employers’ failure to pay them all their wages including minimum wages and overtime. Melinda routinely handles complex multi-party and class action cases.

Melinda began her career as a federal law clerk for Judge W. Royal Furgeson, who was then sitting by designation in the Northern District of Texas. Thereafter, Melinda joined a prominent Plaintiff law firm in Dallas as an associate attorney. Melinda later became a partner at a boutique employment law firm in Houston before founding Wage and Hour Firm with partner Rick J. Prieto.

In 2018, Melinda was part of a trial team on behalf of a class of oilfield rig workers in the oil and gas industry who successfully sought back pay because the defendant did not pay them all of their overtime wages based on payment of bonuses and excessive per diem. Meadows v. Latshaw Drilling Co., LLC, 338 F. Supp. 3d 587 (N.D. Tex. 2018).
Many workers don’t realize that if they earn nondiscretionary bonuses or “masked wages,” their overtime rate of pay will increase beyond time and one half their hourly rate of pay. If you are a non-exempt employee who regularly receives extra pay, you should contact the attorneys at Wage and Hour Firm to see if your employer is paying you correctly.
Also in 2018, Melinda was part of a trial team on behalf of a group of sheriff’s deputies who successfully obtained back pay because they were made to work overtime hours without receiving any additional pay. Cruz v. Maverick Cnty., No. DR-14-CV-050-AM, 2018 WL 8897808 (W.D. Tex. Mar. 30, 2018). Melinda recovered $569,669.58 in backpay for 28 employees (average recovery of $20,345.34 per plaintiff).
In 2019, Melinda successfully sought and won summary judgment on behalf of a group of delivery drivers who delivered Amazon packages. Lovo v. Express Courier International, Inc., No. 4:16-CV-853-Y, 2019 WL 387367 (N.D. Tex. Jan. 30, 2019). In that case, the drivers’ employer claimed that the drivers were not entitled to overtime and minimum wages because they were supposedly “independent contractors.” The court disagreed and found that “the reality of the situation appears to be that working for Express took virtually every waking moment for each plaintiff. […] As a result, this factor similarly favors a finding of employee status.”
Many workers think they are independent contractors just because they sign an independent contractor agreement, but the law regarding wage payment requires that independent contractors be truly economically separate from the companies they work with. If you suspect that you are owed back pay because you have been misclassified as an independent contractor, you can learn more here.
In 2022, Melinda won summary judgment on behalf of two engineer employees who were paid their hourly rate of pay for all of their hours of work, including hours over 40 in each workweek. The employees believed they should have been paid time and one-half their hourly rates of pay when they worked over 40 hours in a workweek, and the court agreed. Gentry v. Hamilton-Ryker IT Sols., LLC, No. 3:19-cv-00320, 2022 WL 658768 (S.D. Tex Mar. 4, 2022), report and recommendation adopted by 2022 WL 889276 (S.D. Tex. Mar. 25, 2022). That order of summary judgment was affirmed by the Fifth Circuit in 2023. Gentry v. Hamilton-Ryker IT Sols., L.L.C., No. 22-40219, 2023 WL 4704155 (5th Cir. July 24, 2023) (per curiam).
Melinda has been recognized as a “Rising Star” by Thomson Reuters Super Lawyers since 2018, and in 2023, Melinda was selected for the Super Lawyers “Up and Coming 100: 2023 Texas Rising Stars” list as well as the “Up-and-Coming 50: Women Texas Rising Stars: 2023” list.
  • District of Colorado
  • Northern District of Texas
  • Southern District of Texas
  • Fifth Circuit Court of Appeals
  • Eastern District of Texas
  • Western District of Texas
  • Central District of California
  • Northern District of California
  • Southern District of California
  • Ninth Circuit Court of Appeals
  • District of New Mexico
  • District of North Dakota
  • Eastern District of California
  • Western District of Arkansas
  • Western District of Oklahoma
  • Northern District of Ohio
  • Western District of Michigan
  • Eastern District of Oklahoma
  • Northern District of Oklahoma
  • Juris Doctor, 2011. Southern Methodist University, Dedman School of Law. Dallas, Texas.

  • Bachelor of Arts, 2008. University of Texas at Dallas. Richardson, Texas.

  • Texas (2012)
  • California (2016).

Don't Let Your Employer Get Away With Wage Theft

Get in touch with us now if you think they are breaking the law. We will try to negotiate with them, but if they don’t cooperate, we will take them to court and fight for your rights. You deserve every penny you worked for.

Wage theft is a serious crime that affects millions of workers. It robs you of your hard-earned money and dignity. It also hurts your family and society. You have the power and the right to stand up against it. Wage theft is not something you have to tolerate or accept. By taking action, you can make a difference for yourself and your fellow workers.