Common Overtime Pay Issues

As an employee there are several signs you should watch out for that may indicate your employer failed to pay you overtime wages. While one way is when your employer classifies you as salaried by giving you a title such as supervisor or assistant manager, some other signs that you are owed unpaid overtime wages for your past work are the following. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

1) Your boss tells you are not entitled to overtime because you are salaried.  Many employers, especially smaller employers, mistakenly believe that employees are not entitled to Texas overtime pay if an employee is paid a salary. Merely paying an employee a salary does not deprive the employee of the right to overtime pay. Under Texas overtime law, an employee must be paid on a salary basis and perform duties satisfying one of the narrowly recognized FLSA overtime exemptions (e.g. executive officer, certain administrative, certain professional, certain outside sales, etc.) to be ineligible for overtime pay. Otherwise, you are due overtime pay in Texas. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

2) You are not paid overtime because it was not pre-approved.  Some employers refuse to pay overtime unless the overtime is pre-approved. Usually a manager is not available to pre-approve the overtime request. Texas overtime law requires the employer pay overtime wages for all hours over 40 hours worked in a workweek regardless of whether prior approval is obtained. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

3) Your employer reclassifies your status. Wherein you're now eligible for overtime pay, but your job duties didn't change. Your employer clearly realized their mistake but is trying not to pay you all the past overtime you are due. Your employer probably reclassified your overtime status because you were previously misclassified. You may be entitled to unpaid overtime wages for as much as a three-year period before your reclassification. Also, your overtime reclassification may amount to an admission that your employer previously misclassified your overtime status. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

4) Off the Clock. Working "off-the-clock" includes being asked to perform work before clocking-in, during lunch breaks, and after clocking-out. Some employers require workers to clock out to finish their work. If you are told you can't leave until you finish your work but the company is not paying for any additional time or that you should have completed your work during your shift, you are likely entitled to overtime pay in Texas. This can include work employees perform at home. Under federal and Texas overtime law, employees are entitled to wages for all hours worked, regardless of where they are worked. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

5) Your Employer refuse or fails to pay you for all the hours you work. Under federal and Texas overtime law, "work" includes any labor benefiting an employer and may include work at home; work "off the clock;" work performed during lunch periods; prep work before or after a shift such as donning and doffing safety equipment; and attendance at mandatory work-related training. If your employer failed to pay you wages for this time, you may be entitled to a recovery of unpaid overtime.If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

6) Your employer doesn't pay you at least time-and-a-half for hours you work over 40 hours in a week. Texas employees are entitled to overtime pay of at least time-and-a-half an employee's regular rate of pay. Some employers only pay straight time for hours employees work over 40 hours. That is illegal. Federal and Texas overtime law requires the employer pay at least time and one-half. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.
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