Don’t Let Your Employer Take Advantage of You! What Workers Should Know About Overtime Laws in Texas
Posted in Worker compensation on September 4, 2019
A person’s hard work is something that should always be valued and rewarded financially. Sometimes, in order to get ahead in a job or catch up on work, it’s necessary to work extra hours. However, that additional work deserves compensation.
It is common knowledge that in Texas, workers are entitled to overtime pay after 40 hours of work. The Fair Labor Standards Act (FLSA) determines the standards pertaining to overtime laws in most of the United States, and it notes that if an employee works past 40 hours, they must be compensated 1.5 times the amount of their regular hourly pay.
If you believe you are owed overtime pay, contact the reputable and committed Texas unpaid overtime lawyer, Rafael De La Garza, to make a claim on what is legally owed to you.
What to Know About Exceptions to Overtime Pay
Something important to keep in mind is that overtime hours don’t apply to weekends and holidays if the employee is NOT working over 40-hour workweeks.
The FLSA states that all workers must receive pay for overtime, but there are also statutory exemptions to the rule. The United States Department of Labor defines who these employees are that are exempt from overtime pay.
The following is a list of some workers who are exempt from receiving overtime pay:
- Commission-based Employees: If the employee makes more than half of their income on commission and if they earn at least 1.5 times the Texas minimum wage.
- Executives and administrative workers: Only when they are salaried workers that are paid at least $455 a week.
- Auto dealership employees: Includes mechanics and salesmen.
- Seasonal Workers: If the individual works for a seasonal or recreational employer that operates for less than seven months out of the year.
- IT professionals: If the individual earns an hourly amount equal to or more than $27.63.
It is important to keep these exemptions in mind when you are thinking about filing a claim for unpaid overtime.
Prevalent Ways Employers Violate Texas Overtime Laws
Whether you are paid by salary, hourly, or daily rate, you can fall victim to wage theft by an employer. In fact, this is a major problem in Texas and all throughout the United States.
A common way wage theft is carried out by employers is by misclassifying employees. For example, some employees are labeled independent contractors, when they are, in fact, a regular employee. This happens when the misclassified employee works overtime and is only paid their usual hourly rate after 40 hours worked. Instead, for their overtime hours, they should earn 1.5 times their usual hourly rate as required by law.
Another cunning way some employers avoid paying overtime is by offering employees future paid time off, that is, in exchange for the employee’s overtime work. Employers may also do this by asking or requiring their employees to work while they are off the clock, for example, when they are on their lunch break or after hours.
Contact the Trustworthy Texas Unpaid Overtime Attorney Rafael De La Garza
The topic of overtime pay and the exemptions that come along with it can become confusing for many, but it is important to know your situation and your rights as an employee.