Texas Overtime Laws
If your employer is withholding your hard-earned compensation for the excess hours that you worked, it’s imperative that you understand the Texas overtime laws and how they affect you.
If you have questions, speak with professional overtime lawyer, Travis Hedgpeth, today.
When an employee works more than 40 hours in a seven-day workweek, they deserve compensation for any excess hours. Well, this is one of the Texas overtime laws almost every worker is familiar with. But some components of the law are overly complicated, with eligibility and exemption rules that are not always straightforward. It is not uncommon for employers to take advantage of this to avoid paying overtime.
If you suspect an employer is involved in wage violations, consult an experienced Texas overtime lawyer for a free case evaluation today.
Overtime laws in Texas
The state of Texas adopts federal overtime laws. According to the Fair Labor Standards Act, non-exempt employees must get paid time-and-a-half (1.5) for all hours worked past the 40-hour mark. Employees with fluctuating or variable workweek hours follow Chinese overtime rules, which set overtime at a rate of 0.5 for each extra hour worked.
The current Texas minimum wage is $7.25 per hour, the same as the federal rate. Employers are free to give their employees a higher wage rate. Even workers can negotiate for better rates. Covered employers must provide workers with a written statement showing pay information.
There are circumstances where an employer can pay a sub-minimum wage to a worker. For example, tipped employees get paid $2.13 per hour, with $5.12 going to the employer as a tip credit.
Texas labor laws overtime
Under Texas labor laws overtime, all workers are entitled to overtime pay unless their job duties and salary level fall in the exemption categories below.
· Salaried employees paid at least $684 per week
· Outside sales representatives
· Computer system analysts, software engineers, programmers, or other skilled workers earning at least $27.63 per hour
· High-level office employees with administrative and executive roles.
The above exemptions are the easiest to understand. There are less common exemptions, and this is where things get a little bit complicated. For example, exemptions involving truck drivers, agricultural workers, offshore workers, truck drivers, railroad divers, commissioned retail, and service employees are difficult to understand unless you talk with an overtime attorney.
Employers in Texas must track all hours worked and ensure proper recordkeeping for each employee. Here are fundamental details related to overtime payment.
· Personal information (name, address, social security number, etc.)
· Number of hours worked each day and week
· Hourly wage rate
· Overtime rate
· Gross and net salary or wage.
How can you protect your overtime rights?
Employees face frequent wage and overtime violations than they realize. There are many ways employers may be violating your overtime rights. For example, the employer may not pay you for off-the-clock work, or they have misclassified you as exempt.
If you believe you have an overtime dispute or want to learn more about your overtime rights, call The Hedgpeth Law Firm, PC at (281) 572-0727 to request a free consultation.