overtime pay

Navigating Overtime Pay Laws in Texas: What Workers Should Know

Knowing your rights as a worker is essential for ensuring fair compensation for your work. Many employees are unaware of the rights they are entitled to, such as overtime pay, and how certain laws protect them from being overworked without proper compensation. In this blog, we will be explaining overtime pay laws in Texas, how to qualify for overtime, and common violations to educate employees on their rights. 

Overview of Overtime Pay Laws in Texas 

The Fair Labor Standards Act (FLSA) is a federal law that controls minimum wage, overtime pay, recordkeeping, and youth employment standards for most employees. According to the law, non-exempt employees are entitled to receive overtime pay for any hours worked over the typical 40-hour work week. Overtime pay is set at 1.5 times the employee’s regular rate of pay. So for example, if an employee’s regular pay rate is $20 per hour, their overtime rate would be $30 per any additional hour worked over 40. Texas follows the federal rules set by FLSA, so they do not have any additional state-specific laws. 

Who is Eligible for Overtime Pay in Texas?

To be eligible for overtime in Texas, you must be a non-exempt employee under FLSA. However, other factors can determine eligibility including job duties and salary level. 

Here are some of the categories of employees that typically are not eligible for overtime: 

  • Executive Employees: These are employees who manage a department or a subdivision, regularly supervise two or more full-time employees, and have authority over hiring and firing decisions.
  • Administrative Employees: Employees who perform non-manual work related to management or general business operations and exercise independent judgment on significant matters.
  • Professional Employees: Employees who perform work requiring advanced knowledge, typically in a field of science or learning, gained through specialized education.

Common Overtime Violations

As an employee, it is important to keep track of your pay stubs and hours worked to make sure you are getting the correct amount of compensation. 

worker stressed

Here are some of the common overtime violations by employers to be aware of: 

  • Misclassification: Employers may incorrectly classify employees as “exempt” to avoid paying overtime. Such as labeling an employee as a “manager” without them performing managerial duties.
  • Off-the-Clock Work: When employers require employees to work off the clock, such as asking them to start work early, stay late, or complete tasks during unpaid breaks, without recording those hours.
  • Failure to Pay Correct Rates: If employers are paying overtime at less than 1.5 times the regular rate of pay or failing to include bonuses, commissions, or other compensation in the overtime rate calculation.

Not Receiving Proper Overtime Pay? Seek Legal Help 

Employees should be aware of overtime pay laws in Texas to make sure they are receiving proper compensation for their hard work. If you think that your employer is not paying you what you deserve, consider consulting with an attorney. An experienced attorney will help you understand your rights, help guide you through the process of filing a complaint, and represent you in court. 

The Law Office of Sandy McCorquodale P.C. stands ready to fight with you. Contact us today for a consultation of your case to determine what compensation you may be entitled to.