Is your employer required to pay you over time?

I recently met with the HR manager from my previous job for lunch. She told me that the newest state employment laws specify that you must pay employees overtime if they work more than 40 hours a week if they make less than $55,000 a year. I make $37,500 salary and have worked more than 40 hours per week since I started my job 10 months ago. Is this information true? If so, how can I approach it to my current job so that I, and other employees, are paid the money we are owed?

Asked on May 5, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Texas does not have a separate overtime standard, distinct from the federal one: the federal rules apply. Under those rules--
1) Any employee paid on an hourly basis (not salared);
2) All salaried employees making less than $455/week gross salary; or
3) Salaried employees who make more more $455/week but who do not meet one or more of the tests for exemption
--must be paid overtime when working more than 40 hours per week.
Based on your salary, then the issue is whether your job responsibilities, authority, etc. meet one or more of the overtime exemption tests (there is overlap between them; it is possible to be exempt from overtime for more than one reason). You can find the overtime exemption tests (there are several) on the U.S. Dept. of Labor website; for most salaried staff, the most relevant ones are the executive (which really should be called "managerial"--many non-executive managers fall under it), professional, & administrative exemptions are the main ones to consider.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.