Am I not being paid for overtime work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I not being paid for overtime work?

I am non-exempt and work directly for my employer. I am scheduled to work 900 a.m. to 600 p.m. Tuesday through Saturday. My work day includes two scheduled 15-minute breaks, which are paid, with 30-minutes unpaid for lunch. I am paid for 40 hours of work. In fact, my hours are generally capped at 40 for the week. My breaks are scheduled for me and are represented to be a part of my workday. 9-6 less 30-minutes for lunch is 8-and-a-half hours. Am I working 2-and-a-half hours extra a week for free? Should I be paid overtime for working the 2-and-a-half hours extra a week?

Asked on May 7, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the breaks are paid, they are considered for purposes of overtime calculations: they are paid "work" time. Whenever you work more than 40 hours per week, if you are non-exempt, you are entitled to overtime. Based on what you write, you apparently work 42.5 hours pers week: you should be paid for 40 hours at base or straight time, and 2.5 hous at overtime. You should contact the state or federal department of labor: you may be entitled to a substantial amount of back overtime.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption