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How to Know if You Qualify for Overtime Pay

Feb 4, 2016

Labor LawIn Texas, there are certain workers who may qualify for overtime pay. The standards established by the Fair Labor Standards Act makes any worker who meets the requirements for overtime eligible for extra pay for any and all hours worked over the normal 40 in a week. There may also be overtime limits set for each day based on Texas laws. Overtime rates are generally paid at time-and-a-half. Meaning, an individual who may be making $10 an hour for normal wages would make $15 for hours worked over the 40-hour weekly limit.

If you work for an employer covered by FLSA, you may qualify for overtime pay. There are some exceptions to be aware of, though, that may make you exempt from overtime laws. You may not be entitled to overtime pay if you are a volunteer, independent contractor, criminal investigator, or in a position such as seasonal or small newspaper companies.

Qualifications for overtime laws can often be confusing and leave people unaware of what they are entitled. It is important to learn the laws. Make sure you ask your employer if they are covered under FLSA and speak with a Houston employment law attorney to determine if your job duties, salary, and number of hours makes you eligible for overtime pay.

If an employer wrongfully denies overtime pay to an eligible employee, it can be considered a violation of the Fair Labor Standards Act. This means that the employee may be able to take legal action to recover lost overtime wages that should have been paid to him or her. The FLSA also protects these employees from retaliation if they try to uphold their rights.

If you have been wronged by an employer, call Bailey Cowan Heckaman PLLC. We are aware of the FLSA and labor laws in Texas. We can help individuals who should receive overtime but are being denied by their employers.

Check out additional resources from our overtime lawyers:

Categories: Labor Law

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