It is not unreasonable to assume that your employer’s human resources department classified you appropriately at the time of your hiring and that the accounting department is cutting your checks in the correct amount every week. It is also not unheard of for employers to misclassify workers in an effort to save on payroll costs, though, and making such assumptions could be costing you thousands every year.
If your employer claimed you were exempt from overtime pay based on your salary structure, that is not true. You might be exempt because of your particular job duties, but simply receiving a salary does not mean you are ineligible for time and a half.
Employees who put in more than 40 hours per week deserve to receive compensation for their hard work and dedication. If you think your employer owes you overtime but you are not sure how to pursue the matter, turn to Moore & Associates.
Take action and contact our firm for the knowledgeable legal guidance that you deserve. Call 713-581-9001 to schedule a case evaluation with an unpaid overtime attorney in Houston.
Who Is Eligible to Receive Overtime Pay in Texas?
In general, nonexempt employees in the state of Texas are eligible to receive overtime pay, which is 1.5 times their regular rate of pay, for every hour that they work in excess of 40 in a single workweek. Most workers are eligible for this time and a half, but there are some exceptions; however, it is not up to your employer to determine if you are the exception.
You might not be eligible for overtime pay if:
- You are an executive, professional, or administrative employee;
- You receive at least $455 per week; and
- Your job duties fall under the umbrella of those acceptable for executive, professional, or administrative employees.
It is important to remember that job duties have more to do with overtime eligibility than job title. For example, an employer might mistakenly believe that their Night Manager is an exempt employee because of the title of Manager, which is considered an executive employee; however, if the Night Manager works alone and does not actually supervise other employees during his or her shift, the overtime exemption would not apply.
Another common misconception regarding overtime eligibility regards salaried employees. If your employer considers you exempt based solely on your status as a salaried worker, you may have been misclassified.
There are strict federal regulations that all employers must follow when classifying workers. Additionally, federal law trumps anything in a company handbook, so if you think there are provisions in the handbook that violate federal law, you should turn to an employment lawyer to determine the best way to proceed.
If your employer owes you overtime or has misclassified you as an exempt employee when you are in fact eligible for time and a half, contact Moore & Associates. We have nearly 15 years of experience handling employment law cases.
Call 713-581-9001 to schedule a consultation with an unpaid overtime lawyer in Houston. You can learn more about employment law in Texas by visiting the USAttorneys website.
