Can an employer refuse to pay overtime even though you were required to work more than 40 hours?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer refuse to pay overtime even though you were required to work more than 40 hours?

We were told to report 12 hours prior to our shift under a

Asked on September 6, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are an hourly employee, you must be paid overtime for all time worked past 40 hours in a week, assuming your employer does at least $500,000 in gross revenue/year and/or that it sells or buys anything in interestate commerce. If your employer is 100% local (no cross-state connections at all, not even for its inventory, like perhaps a local farm that only sells to local stores) and does less than $500,000/year in business, it is exempt from overtime and would not have to pay you. But unless exempt from overtime, an employer must pay all hourly employees overtime and if they don't, you could bring an overtime complaint to the department of labor.
Exempt salaried employees do not need to be paid more when they work more than 40 hours per week; the weekly salary is the total compensation they get for all time worked each.


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 with SHA-256 Encryption