Am I not being paid for overtime work?

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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 3 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.


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