I would like to know the law when it comes to a salary employee. I have NO sick days NO paid time off and No insurance. I work 90 hours plus, and receive the same pay amount. The 90 hours is by-weekly. Please can you explain my rights to me. Thank You.
There is no way to fully answer this question in this space. In brief - employees of most private employers must be paid minimum wage and must be paid 1.5 times their hourly rate for any hours over 40 worked in a single work week. However, there are several exemptions to this rule which are more fully explained in the Wage & Hour section of the US. Department of Labor's website (www.dol.gov/whd/overtime/etools.htm). If AND ONLY IF you meet the requirements of one of these exemptions (usually based on your job duties and pay), your employer may treat you as a salaried employee and pay you a flat weekly, monthly or annual salary which is not subject to deduction for quantity or quality of work. In other words whether you work 45 or 35 hours in a week, your pay does not change.
Many employers try to cheat the system and avoid the obligation to pay overtime by mis-classifying workers as either salaried employees or as contract labor. If you think your employer has improperly classified you as salaried when you are in fact not and thus should be receiving overtime, you can file a complaint with the Wage & Hour Division of the US Department of Labor - there is one in every large city in Texas (the DFW one is in Arlington). You could also contact a board certified labor and employment attorney to advise you further about your individual situation (www.tbls.org). Look them up on the internet and make sure they represent employees or ask when you call.
Texas Employers are not required to furnish insurance to their employees. But, if they provide it to some employees, they must offer it to all employees.
Texas Employers are not required to give paid time off, but if you are appropriately classified as salaried, they cannot deduct pay for less than a full day's absence.
Good luck.
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