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Should Salaried Workers Receive Overtime Pay?


When you work on a salary, it’s understood that your job expectations are to be completed within a certain amount of time, namely, a 40-hour workweek. In some cases, employees may need to work overtime hours in order to fulfill their duties, but they should receive additional wages in order to compensate them for their time worked. Even salaried employees are entitled to overtime pay, unless they are considered exempt employees. Unfortunately, several employees overlook these laws and neglect to pay their workers for the overtime hours they put in. If you find yourself missing wages you rightfully earned, make sure you take action.

If you work overtime and do not receive additional pay, you may be entitled to compensation. Read below to find out when and how salaried workers qualify for overtime pay.

Texas Wage Laws

In Texas, the Fair Labor Standards Act (FLSA) is the only legal edict that protects workers’ rights, particularly as it applies to minimum wage and overtime hours. According to this law, an employee who works more than 40 hours in a given workweek is entitled to additional pay for the overtime hours worked. The rate for overtime pay is also higher than regular pay, as the law states that employers must pay 1.5 that of the worker’s normal rate.

Who is Exempt?

Not everyone is entitled to overtime pay. Some salaried workers, called exempt workers, are unable to collect overtime pay when they exceed 40 hours of work in a single week. Exempt employees are categorized as such because they meet certain requirements as dictated by FLSA. According to Texas law, any employee who earns at least $455 per workweek or works primarily in a management role is exempt from overtime pay. Also, certain classifications of workers, such as railroad workers, and truck drivers, are considered exempt.

 If you are not an exempt worker and you have not received overtime pay from your employer, you have a legal right to compensation for your lost wages. When you take your case to our attorneys, we can help you gather evidence of your lost wages and take your case to your employer. If we are unable to secure adequate reimbursement, we can take your case to court and fight for the compensation you’re owed.

Do you have a case? Contact Shellist Lazarz Slobin to discuss your missing overtime with our experienced lawyers.

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