Can Salaried Employees Receive Overtime Pay?

 In Employment Law, Featured, Overtime Law

It is a common misconception that salaried employees cannot receive overtime pay. In fact, many people wrongfully believe that they are put on salary so that their employers can ask them to work overtime without paying them more for it. Neither of these statements is true. Salaried employees in Texas are entitled to overtime pay just like their hourly counterparts, and employers cannot stipulate that a person will receive a salary only if he or she agrees to “put in extra work.” If you believe that your employer has taken advantage of your salaried status, do not keep bending over backward for no additional pay. Instead, use your time wisely and talk to a Ft. Worth employment law attorney regarding your rights and what you can do to uphold them.

State and Federal Overtime Laws

There are two sets of laws governing overtime in Texas: the Fair Labor Standards Act (FLSA) and Texas’s overtime laws. Under both laws, employers must pay overtime to employees who work more than 40 hours in a single week, so long as that employee does not hold exempt status. In order to be exempt from overtime, a worker must meet the following three requirements:

  • He or she is paid an annual salary;
  • He or she holds a “while collar” position (such as executive, administrative, professional, and outside sales positions); AND
  • He or she is paid more than the minimum weekly salary.

The minimum weekly salary is $455, which amounted to an annual salary of $23,660.  Additionally, do not just assume that you are exempt because you make more than $23,660 annually and hold a white collar position. Many employers misclassify their salaried employees, some on purpose but many more by accident, and even employees who appear to meet the strict legal requirements set forth by overtime exemption laws often do not. Oftentimes, technical legal reasons can prevent an employer from denying overtime to salaried employees, which is why it is always best to consult with a Ft. Worth employment law attorney before writing off your rights to overtime altogether.

Contact a Ft. Worth Employment Law Attorney

If you often work overtime but are not paid for, it does not hurt to talk to a knowledgeable lawyer about your rights to overtime, as even if you think you are exempt, you may not be. Reach out to the lawyers at Herrmann Law to discuss your rights today. If we determine that your employer is in the wrong, we can help you build a case and ensure that you receive the unpaid overtime you deserve.

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