QUESTION

salary entitled to overtime in texas

Asked on Sep 21st, 2014 on Employment Contracts - Texas
More details to this question:
My salary was based on a 48 hour workweek but most weeks I worked at least 50 to 60 hours. Am I entitled to overtime compensation?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
The answer to your question can be complicated.  What follows is a very general description of overtime law.  You should contact an attorney or the US Department of Labor - Wage & Hour Division to determine the circumstances of your case and your rights, if any, to overtime. Most employers are required to pay overtime (1.5 x regular hourly rate) to employees who work more than 40 hours in a single workweek.  However, some employees are exempt from this requirement by virtue of their job duties or skill sets.  Executives, Office Managers, location or shift managers, professionals, certain salespeople and computer programers are examples of the types of jobs that can be exempt from the overtime requirement.  These people are typically paid a flat salary for all time be it 30 or 40 or 60 hours in a week.  They are not entitled to overtime and the employer is not entitled to reduce the salary if they work less than 40 hours. Some employers try to cheat the system by calling employees "exempt" and paying them a salary when they do not qualify for the exemption.  Other employers try to treat employees as independent contractors to avoid the requirement.  Both tactics are illegal. You can find more information on overtime exemptions at www.dol.gov.  If you feel you are not being paid correctly, you can contact a private attorney with experience in labor and employment matters (check out www.tbls.org for board certified attorneys) or you can file a complaint with the US Department of Labor - Wage and Hour Division. Good luck.
Answered on Sep 22nd, 2014 at 1:28 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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