FAQ

When the Person Who Signs Your Checks Can Be Sued Personally Key Takeaways: Yes, a Texas supervisor, manager, or owner can be held personally liable for your unpaid overtime. The FLSA's definition of "employer" in 29 U.S.C. § 203(d) reaches individuals who act directly or...

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Big Paychecks Do Not Automatically Cancel Your Right to OvertimeKey Takeaways: The $107,432 highly compensated employee (HCE) exemption rarely applies to Texas oilfield workers because high pay alone generally does not eliminate overtime rights under the FLSA. To qualify, an employer must generally show total...

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Why a Same-Week Bonus Changes Your Overtime MathKey Takeaways: In California, overtime is based on your "regular rate of pay," which must include non-discretionary bonuses rather than just your base hourly wage. When you earn a performance or production bonus in the same week you...

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Guaranteed Weekly Pay Plans and Your Right to Overtime in Texas Key Takeaways: A Belo plan is a federal Fair Labor Standards Act pay arrangement guaranteeing a fixed weekly salary containing straight time for the first 40 hours plus built-in overtime pay. It is valid...

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How Texas Cracks Down on Employers Who Refuse to Pay WagesKey Takeaways: Texas law treats willful wage nonpayment as a serious offense. Bad-faith withholding triggers penalties and interest under state law, while federal Fair Labor Standards Act claims may allow liquidated damages that double the...

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Day Rate Pay and Your Right to Overtime in TexasKey Takeaways: Texas pipeline inspectors paid a flat day rate can still be owed overtime under federal law, which protects non-exempt employees regardless of payment method. A generous day rate does not "cover" long hours, and...

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The Truth About Salaries and Overtime in TexasKey Takeaways: A salary alone does not deny you overtime pay in Texas, because eligibility depends on your actual job duties and true rate of pay rather than the "salary" label. Overtime rules come from the federal Fair...

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Pre-Shift and Post-Shift Time: Why Documentation Wins Wage CasesKey Takeaways: To document unpaid pre-shift and post-shift work in New York, it is best to create contemporaneous records the moment work happens, such as time-stamped photos, a personal daily log of actual start and stop times,...

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Why Day Rate Pay Often Hides Unpaid OvertimeKey Takeaways: Day rate workers paid a flat sum per day are still owed overtime for hours over 40 in a workweek, because the FLSA bases overtime on a regular hourly rate derived from total earnings. Calculate it...

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When Your Overtime Check Comes Up ShortKey Takeaways: Calculating back pay for excluded overtime wages requires finding your correct "regular rate" of pay, which must include nondiscretionary bonuses, commissions, shift differentials, and piece-rate earnings. Work the calculation one workweek at a time by totaling all...

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