Overtime pay – Texas

The company I work for has a faulty online time clock that we have to use. I work overtime on Saturdays and their time clock never works on Saturday mornings until about 7:30 am; most of us who work on Saturday get here about 6:30 am. It has never been stipulated by management that it is mandatory that we email them each and every Saturday that the time clock is not working, so our time can be adjusted. Recently, I forgot to send an email about Saturday and I did not come in on that Monday after when we are supposed to approve our time because my car broke down. I made many attempts to contact my manager via work phone, her personal phone, and emails but she never responded nor did she ever answer either of her phones. I didn’t get paid for 1 1/2 hours of overtime on that particular Saturday because I got caught up in my work load and forgot. Even with that, our manager knows who works Saturdays and when they come in, as well as knows that she has to correct our time every Monday for this. Now she is claiming it is

Asked on December 19, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, it is not legal: overtime must be paid for all time in excess of 40 hours which an employee works in one work week. If one payroll was missed due to a technical error or the employee not documenting it promptly, it can be paid later--but must be paid. If the employer will not pay, you could contact your state department of labor to file a complaint or sue for the money--whether it is worth filing a compliant vs. your employer or suing them over an hour-and-half, however, is a different story.


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