When Do Salaried Employees Get Paid Overtime in Texas?

Posted in Wage & Overtime Violation on April 20, 2020

Texans pride themselves in their hard work and they have the right to be compensated fairly for that effort.

It can be difficult for employees to understand the benefits of workers’ compensation, especially depending on the type of employment they fall under. Thankfully, the experienced Texas employment claims attorney, Rafael De La Garza, can make sure that you are properly paid for the work you have done. 

As a salaried employee, you’ve probably been told that you don’t qualify for overtime, but that isn’t always true. Below we will explain how overtime laws apply to salaried employees and how they can be calculated.

Qualifying for Overtime as A Salaried Employee

Under Texas law, salaried employees who work more than 40 hours per week are entitled to overtime pay if they meet two conditions. First, the employee must make more than $648 per week either in salary or fees. Secondly, the employee also has to be engaged in a few specific types of work.

Under federal law, only salaried employees fulfilling a few specific duties qualify for overtime. There are five main types of employees that qualify:

  • Executive – To qualify as an executive worker, the employee must primarily work managing either the enterprise, a department of the business, or some subdivision. The employee must regularly direct the work of at least two full-time employees and have some hiring, firing, or promotion abilities. 
  • Administrative – To qualify as an administrative employee, a salaried worker must perform non-manual work that directly relates to management or general operations of the employer or employees of the business.
  • Professional – To qualify for professional exemption, the employee must perform work that is primarily intellectual and requiring advanced knowledge and discretion. This advanced knowledge must be scientific or educational in nature and that knowledge should be acquired over a prolonged course of study.
  • Computer To qualify as a computer worker, the employee’s duties must cover either computer systems analysis, computer programming, software engineering, or other computer-based fields. Their duties should include one of the following: consulting with users, systems analysis, designing and developing modifications of computer systems, creating and testing machine operating systems, or other duties of this type.
  • Outside Sales To qualify for overtime as an outside sales worker, the employee’s duties must include obtaining orders or contracts that regularly occur away from the place of business.

The Overtime Claims Attorney of De La Garza Law Firm

Finding out if you qualify for overtime as a salaried worker isn’t easy. There are specific requirements you have to meet and it’s not always clear whether or not you have met them.

If you feel you are being unfairly compensated for your work, you don’t have to just accept it. You can fight for your pay with the help of the Texas unpaid overtime attorney at De La Garza Law Firm.

Contact De La Garza Law Firm today at (956) 275-3768 to seek compensation.

During the COVID-19 crisis, De La Garza Law is open for business and continues to be available to existing and new clients through virtual meetings and teleconferences. We can handle all of your legal needs without you leaving your house. Please, call (956) 533-1426 or contact us here to be connected to our attorneys who can get to work on your case.