Is Forced Overtime Legal in Texas
Most workers in Texas are eligible for overtime pay if they work more than 40 hours per week. However, there are exceptions in certain circumstances. Under federal law, employers who do not pay a reasonable wage for overtime can be held liable up to twice the amount of unpaid wages, plus costs and attorneys` fees incurred by employees. These cases can be brought by overtime pay lawyers on a collective or collective basis on behalf of all workers who have been subjected to the same illegal wage practices. At Wood Edwards LLP, we can help. We pride ourselves on providing our clients with talent from large firms with customization and efficiency in small businesses. Our lawyers handle all kinds of complex employment law issues, including overtime claims. Under the Texas Pay Day Act and the FLSA, it is the employer`s responsibility to charge overtime after 7 consecutive business days. It is not necessary to start the calculation from Monday or Sunday.
The calculation period can start in any week of the day and must end after 7 working days. If your employer has ever removed hours from your timesheets or refused to pay you overtime because it wasn`t pre-approved, you`re probably a victim of the myth of unauthorized overtime. Federal overtime laws and Texas overtime laws require employees to receive overtime pay for all hours worked in excess of 40 hours in a work week. Employees are only exempt from overtime pay requirements if two specific conditions are met: Texas labor laws address many issues related to the employer-employee relationship, including wage payment rules, overtime pay, final wages, rules for allowable and unauthorized payroll deductions, and record-keeping requirements. Failure to meet the claim deadline prevents the employee from receiving overtime pay. Unpaid overtime lawyer Dan A. Atkerson, will be happy to help you claim damages for the refusal to pay overtime. To discuss the details of your situation and learn more about your legal options, contact our online law firm or call (214) 383-3606 as soon as possible. The Fair Labor Standards Act (FLSA) provides specific exemptions that may exclude certain workers from overtime pay agreements.
Under section 13(a)(1) of the RSA, persons employed in good faith as officers, directors, professionals or field staff are entitled to overtime. It is important to note that job titles alone do not meet this requirement; It depends on the tasks that are performed in the context of the job. Thus, if an employee works under the title of senior manager but does not perform the duties described in detail by the FLSA, he is not exempt from overtime pay. Overtime pay is also known as “one-and-a-half-hour pay” in Texas. But why? Because that`s one and a half times more than an employee`s normal hourly wage. Therefore, the minimum overtime rate in Texas is $10.88 per hour. While the regular but minimum hourly wage in Texas is $7.25. Multiply your hourly wage by 1.5 and you get the value of the Texas hourly rate your employer owes you. For example, under these Texas overtime laws, an employee working at an hourly rate plus commission would earn his direct hourly wage plus commission for that work week divided by the total number of hours worked during the work week. In the Fair Labour Standards Act, there is no limit to the number of hours employees can work in a work week.
However, there are regulations that require employers to pay overtime to skilled workers who work more than 40 hours in a single week. The RSA does not require overtime pay for weekends or holidays, unless working on those days exceeds the 40-hour limit. Many employers inform their employees of overtime pay laws at the outset. Most of them do not recognize laws and do not comply with regulations simply because their employees are in paid positions. Just because you are receiving wages does not mean you are not entitled to overtime or pay. There is an exception to this mandatory overtime rule in Texas. Under Texas` new overtime laws passed in 2009, a nurse cannot be forced to work more than 50 hours per week unless a serious emergency has caused her to work beyond previously allotted hours. See Section 258.003 of the Texas Health and Safety Code for more information on this rule.
Workers who believe they have been illegally denied overtime pay should apply for unpaid wages. Because overtime exemption laws are complex and most employers deny that overtime pay was due, it is in an employee`s best interest to hire an unpaid overtime lawyer like Dan A. Atkerson. M. Atkerson has a thorough understanding of federal and state overtime laws and is willing to gather the evidence necessary to prove unpaid wage claims so that its clients can be fairly compensated for hours worked. Yes. Often, employers go beyond the clearly defined boundaries of overtime rules by sticking to common myths and assumptions. One such mistake is the belief that employees don`t have to be paid overtime solely on the basis of their compensation structure. This is not true, since any employee who does not fully meet the above criteria for salary level, salary base and job obligations must be classified as non-exempt and therefore subject to the overtime rules.
