Your Options in Texas
You work hard to provide for your family, volunteering for overtime when it’s available. What are your options when you’ve clearly earned time and a half for your efforts and your employer either pays you your regular wage or chooses not to acknowledge any overtime at all?
When Does an Employer Have to Pay Overtime in Texas?
According to Texas law, an employer must pay an employee at the rate of one-and-a-half times regular wage for any time in excess of 40 hours in a given work week. Often, an employer will claim that you’re not an employee or that you are an “exempt” employee, ineligible for overtime. Your employer does not get to unilaterally decide whether or not you legally qualify as an employee—that determination is made under state or federal law.
Contrary to popular belief, some salaried workers are also eligible for overtime. If you fall into that category, you have a right to overtime pay for any time worked in excess of normal expectations.
Can You File a State Claim for Unpaid Overtime in Texas?
Yes. If you have evidence that your employer failed to compensate you properly for overtime, you can bring a complaint to the Texas Workforce Commission. If you successfully prove your employer’s wrongdoing, you can get reimbursement of unpaid overtime. In addition, your employer may be assessed financial penalties for any bad faith refusal or failure to pay overtime.
How Does Federal Law Define Overtime?
There are federal, as well as state, laws that protect workers who have put in overtime. Under the Fail Labor Standards Act (FLSA), the federal statute that governs workers’ rights, a person is entitled to overtime for any work in excess of 40 hours over any seven consecutive day period. As with Texas law, the Fair Labor Standards Act requires compensation at one-and-a-half times the normal hourly rate. To bring legal action under federal law, you typically start by filing a complaint with the United States Department of Labor, Wage and Hour Division.
Are There Any Exemptions to the Requirement to Pay Overtime?
Pursuant to federal and Texas state law, certain types of employees may not have a right to overtime pay, such as:
- Workers in petroleum distribution
- Workers who are paid on a piece-meal or piece-rate basis
- Workers with collective bargaining agreements that limit overtime eligibility
- Some workers in law enforcement, firefighting, hospital and residential care
- Some workers who are compensated through sales commissions
- Live-in domestics
- Some farm workers
- Executives, professionals and administrators who are paid a salary
How Long Do You Have to File an Overtime Claim?
Under Texas law, you must file your claim within six months. Federal law gives you two years to file, unless your employer willfully withheld compensation, which allows you three years to file.
Contact the Proven Employment Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we know the stress you can experience when your employer doesn’t treat you fairly. We offer a free initial consultation to every client. To speak with an aggressive employment lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
