Overtime

Overtime Pay can be a very complex area of employment law so you may wish to review the laws that govern wages and hours with an experienced Houston overtime labor lawyer. Federal law applicable is found under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219. U.S. Department Of Labor FLSA Details (These statutes determine how much workers must be paid in addition to the number of hours that a worker may be required to work. The statutes are applicable to most employers, including all government employees and private company employees. Texas Overtime law also provides for specific wage and hour limitations that you should go over with your lawyer. Conflicts between federal and Texas laws require that the employer provide the most beneficial results to the employee. Applicability of FLSA is based on whether you are an exempt employee or not. Exempt employees are not entitled to overtime pay, while non-exempt employees are. If you feel you have an overtime claim you should consider contacting an experienced Overtime Attorney that can assist you in understanding the Fair Labor Standards Act.

Determining whether you are exempt or not, is absolutely necessary. Your ability in your position to exercise discretionary judgment and supervisory control over other employees, including making significant decisions for your employer will likely result in you being classified as an exempt employee. Some other occupations specifically preclude you from overtime pay as an exempt employee, such as, commissioned employees of retail or service businesses who earned more than one and a half times minimum wage and more than half their pay comes from commissions; farm-workers; independent contractors; salespeople working outside the office; technology consultants earning over $27.63 per hour; and transportation workers. Individuals who do not have subordinate employees and do not make important decisions for the company are probably entitled to overtime for hours worked in excess of 40 per week. Eligible employees who work more than 40 hours per week are typically entitled to overtime.
See The Texas Labor Code Statutes on Overtime Law.

Our firm handles an array of overtime employment claims for clients located in Texas, (including Austin, Houston, Dallas, Fort Worth, and San Antonio),
including those arising out of:

Compensation fraud, FLSA claims, FLSA exemption claims, Texas Payday Law, and Unpaid Wages

Overtime pay is typically on the basis of "time and a half" or in other words 150% of normal hourly pay. "Comp time" is typically only allowed for government employees. The FLSA provides for government employees who are non-exempt to have time off instead of additional wages (29 USC 207 (0)). Comp time must be taken within the same pay period as the overtime hours were worked. Furthermore, comp time must be paid at a rate of 1 1/2 times the overtime hours worked in accordance with the statute. Often times employers violate governing proper overtime pay. When a company goes out of business it may become difficult to collect pay from the former employer. Employees should act swiftly in asserting their rights under the FLSA.

If you work in the food and entertainment business employers must pay you for all wages under minimum wage laws currently set at $7.25 an hour. See Texas Workforce Commission For More Information. If you are an employee who earns tips, then your employer may pay you a lower minimum wage of only $2.13 an hour. However, if you're total pay including tips is less than minimum wage; your employer must pay you the difference. Employers may provide employees with vacation time strictly at the employer's discretion. Employers have the liberty to limit an employee's ability to take vacation time that is paid. Visit The United States Department Of Labor Web Site For Details.

In the event you decide to prosecute a case, state laws provide for certain procedural means of prosecuting this type of case against a defendant (employer) responsible of the previously mentioned laws. See The Texas Statutes On Civil Practice & Remedies Code. Also, many statutes exist at the state level which provide for prosecution of a civil claim against a business including Texas Business & Commerce Code.

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