FAQ

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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Does Holiday Pay Affect Your Overtime in Texas?Key Takeaways: Holiday pay does not count as "hours worked" when calculating overtime under the FLSA, which controls in Texas. Only actual hours worked push you past the 40-hour overtime threshold. Texas has no standalone overtime statute for...

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When Is Checking Email After Hours Considered Working in Illinois?Key Takeaways: If you are a non-exempt employee in Illinois and your employer knows you check work email after hours, that time may be compensable under both federal and state law. Illinois adopts the FLSA's "suffer...

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Key Takeaways: Day rate workers covered by the FLSA may be entitled to overtime pay for hours worked over 40 in a workweek. Your employer must convert your daily flat rate into an hourly regular rate and pay at least 1.5 times that rate for...

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No, a day rate is not the same as a salary under Texas overtime law. If you work in the oil and gas industry or another field where you earn a flat daily amount, you may assume that a high daily rate means you are...

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Yes, shift differential pay generally must be included in your overtime calculation under federal law. If you work evening, night, or weekend shifts in Texas and receive extra pay for those hours, your employer must factor that additional compensation into your "regular rate" before calculating...

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If you work overtime and your paycheck seems lower than it should be, the problem may be how your employer calculates the "regular rate of pay." Under the Fair Labor Standards Act (FLSA), 29 USC § 207(a)(1) requires employers pay overtime at one and one-half...

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If you work overtime in Texas and your paycheck does not reflect the full value of every hour beyond 40, your employer may be underpaying you. Under the Fair Labor Standards Act (FLSA), the "regular rate of pay" is the foundation of overtime calculations and...

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If you are an hourly worker in Illinois who spends time on mandatory activities before clocking in or after clocking out, a landmark ruling just reshaped your rights. On March 19, 2026, the Illinois Supreme Court ruled unanimously in Johnson v. Amazon.com Services, LLC (2026...

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