Overtime And Wage And Hour Claims

Overtime and wage and hour claims involve some of the most fundamental of employee rights. An employee is entitled to be paid at least minimum wage for all hours worked, and time and one-half the regular hourly rate for all hours over 40 in one week.

Many employers across the country violate this most basic principle on a daily basis. In doing so, they violate both federal and state law. Often, these violations involve:

  • Minimum wage: Nonexempt employees are entitled to be paid at least the minimum hourly wage established by law. Texas has adopted the federal minimum wage.
  • Unpaid overtime: Nonexempt employees are also entitled to be paid overtime wages for hours worked over 40 per week.
  • Overtime rate: Overtime wages are to be paid at 1½ times the regular hourly rate.
  • Other wage issues: Wage and hour law also covers areas such as employee tips, liability for employment expenses and the timing of payment.

Job titles are not determinative of whether you are eligible for minimum wage or overtime pay. If your employer uses your job title as an excuse for why you are not being paid the amount required by law, contact a lawyer to learn about the legal options available to you.

Exemptions Are Narrowly Construed

The law does allow employers to exempt certain employees from overtime requirements by considering them as "exempt" salaried employees, but these exemptions are only applicable in very limited circumstances.

There are three basic exemptions for professional, administrative and managerial employees. There are also several specialized exemptions for outside salespeople, as well as some commissioned and computer employees. All of these exemptions are narrowly interpreted, however, and the burden is on the employer to establish that the employee is exempt and is not entitled to the minimum wage or overtime compensation.

Have Questions Or Concerns About Your Rights?

Questions of coverage under wage and hour law often involve complicated analysis of the employee's job duties and the applicable law.

If you have a question about whether you or your fellow employees are being paid legally and fairly, you should immediately contact the Law Offices of Kell A. Simon.

I will review your circumstances. I work exclusively on employment law cases, and I will give you the personal attention, honest advice and custom-tailored solutions you deserve.

I serve employees across all of Texas from my Austin, Houston and Dallas offices. Call 512-898-9019, or email me to arrange a free case review today.