Overtime Pay Laws in Texas
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What Are Overtime Pay Laws in Texas?
Mandatory minimum wage and overtime laws for American workers are legislated by both state and federal regulations. In Texas, the minimum wage is set at $7.25. The Fair Standards Labor Act (FSLA) establishes a work week of 40 hours for most professions in which employees are eligible for mandatory overtime pay. If employees in these professions work more than 40 hours in a work week, they are paid at a time and a half rate for those additional hours.
Time and a half rate for $7.25 minimum wage equates to a mandatory overtime rate of $10.88 per hour in Texas.
How Do Employees Accumulate Overtime Pay?
- An employee must be non-exempt in order to receive overtime pay in Texas. Professions in which an employee is paid a salary based on a yearly rate are exempt from overtime rates. Exempt professions include executive, administrative, professional, sales, and tipped employees.
- In some cases, young people under the age of 20 may also be exempt from receiving overtime rates.
- Religious workers, livestock production workers, educational workers, nonprofit workers, inmate workers, amusement and recreational workers, and public officials may also be exempt from FSLA overtime requirement rates.
- Mandatory or forced overtime may be required by an employer. Employees are entitled to receive FLSA overtime rates for any forced overtime requirements their employers require.
- Texas wage rights include the right to be paid for all aspects of time spent on the job for non-exempt employees. Time spent waiting, traveling, reporting, and cleanup are all considered on-the-job time eligible for overtime pay when the employee has exceeded 40 hours in a given work week. Commuting time is not considered travel time.
- Texas employees also must be paid at least twice a month, and their overtime pay must be paid promptly. Wages earned from overtime must be paid the next pay period after it was accumulated.
- The employer and employee must keep accurate records of overtime worked for Texas employees to accumulate and receive overtime pay. Essential information includes the employee’s name, social security number, sex, birthdate, record of hours worked, record of overtime hours worked, date of pay period worked, and additions/deductions from the employee’s regular pay rate.
- Employees who telecommute or work from home are legally entitled to the same overtime rates as employees who work on-site.
What if My Employer Isn’t Paying Overtime?
Texas employees who are eligible for overtime, but not receiving OT can file complaints with the Department of Labor in Texas. This complaint is known as an FLSA violation claim. Each year several claims are successfully filed to ensure that Texas residents receive FLSA mandated wages for minimum wage and overtime.
Do I Need a Lawyer?
Labor laws can be complicated, but employers are required by state and federal legislation to provide mandatory overtime rates for employees in Texas. An employment lawyer can help you research the specific laws in your state and represent you in a case to secure the back overtime pay you are entitled to.
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Last Modified: 02-29-2016 12:13 PM PST
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