A: If you are not a government employee, your employer is wrong and is breaking the law. While legislation has been suggested to permit workers to receive comp time instead of overtime pay for overtime hours worked, this is not acceptable by law.Q: I am an assistant manager at my company, salaried at over $50,000. I’m exempt employee not eligible for overtime, right?
A: Not necessarily. Many employers, especially smaller employers, mistakenly believe that employees are not entitled to Texas overtime pay if an employee is paid a salary. Under Texas overtime law, an employee must be paid on a salary basis and perform duties satisfying one of the narrowly recognized FLSA overtime exemptions (e.g. executive officer, certain administrative, certain professional, certain outside sales, etc.) to be ineligible for overtime pay. Otherwise, you are due overtime pay in Texas.Here are several warning signs of common overtime problems that may indicate that your employer failed to pay you overtime wages:
- Your boss tells you are not entitled to overtime pay because you are salaried.
- Your employer recently reclassified your overtime status, but your job duties didn’t change.
- Working off the Clock: All hours worked must be compensated, working before clocking in, during lunch, etc. You are not paid overtime pay because it was not pre-approved.
- Your employer does not pay you at least time-and-a-half for hours you work over 40 hours in a work week.