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Can You Waive Your Right to Overtime Pay in Texas?

Can You Waive Your Right to Overtime Pay in Texas?Employees in the state of Texas cannot waive their rights to overtime pay. There are strict laws protecting employees to ensure that employers do not take advantage of them. Laws regarding overtime and employee rights can be complicated. If you suspect your employer has violated these laws, a skilled employment law attorney can help.

Compensatory Time versus Overtime

Texas laws can be very complex, and it can be challenging for employees to pinpoint their rights when it comes to overtime. An alternative to overtime is compensatory time. Compensatory time is paid time off at a later date. Many private employers offer compensatory time in an effort to have workers waive their right to receive premium pay and instead exchange overtime pay for paid time off. For non-governmental employers, however, this is illegal, and your employer may be breaking the law.

What Qualifies as Overtime?

In Texas, federal labor laws govern overtime. Texas has not adopted its own labor laws on overtime pay, so the federal laws apply. This means that any overtime worked in the state of Texas must be compensated at time and a half of the employee’s regular pay.

The only employees who do not receive overtime pay are those that meet exemption requirements. The United States Department of Labor clearly outlines these exemptions. 

Employees usually cannot volunteer to work without pay, and they must be compensated by their employer for the time worked. In addition, employers  are prohibited from obtaining waivers of their employee’s rights to overtime pay

Can Employees Waive Their Right to Overtime Pay?

There are extensive protections in place to uphold the rights of employees. These laws, outlined by the Fair Labor Standards Act (FLSA), include a detailed description of overtime pay and how the laws work for different employees.

According to the Department of Labor, employees cannot waive their rights to overtime pay. Federal law prohibits waiving this specific right. The only instance in which employees are not eligible for overtime pay is when they are exempt.

If your employer has requested you to relinquish your rights to overtime pay, you should consider seeking the help of an employment law attorney who can help you navigate the strict laws surrounding this subject. Those who violate these laws need to be held accountable because they exploit employees and violate specific laws prohibiting such conduct.

Contact the  Employment Law Attorneys at the Lore Law Firm Today

If you believe you have relinquished your rights regarding overtime pay or your employer has violated the FLSA guidelines regarding overtime hours, it is essential that you seek the assistance of an employment law attorney today.

The hours you work should be compensated in accordance with the law. Those who fail to obey the law need to be held accountable. Seeking the assistance of an experienced attorney is the next step in obtaining the compensation you deserve. The skilled team at the Lore Law Firm will advocate for your rights as a worker. Over the past twenty-five years, they have helped thousands of people recover millions of dollars and are prepared to help you. To get started with a free and confidential review of your situation, fill out their contact form or call 713-782-5291.