How is overtime pay handled in Texas?
Midland, TX – Many different types of workers are eligible to receive overtime pay for working in excess of forty hours per week. The standard pay rate for overtime is one and one half times the employee’s standard rate. However, this can be a large expense for workplaces who have workers that routinely work long hours. Because of this problem, there is potential for abuse by employers who are looking to save money even though wage theft is illegal. Legal assistance is recommended for anyone who is experiencing issues or disputes due to their overtime pay.
The definition of a work week
The concept of a week is important because overtime applies once the worker has logged more than forty hours in a week. However, there needs to be consistency in the definition of a week for employees to be paid accurately.
The law allows for some small variability in how a week is classified depending on the particular employer and the days the employee works. However, the Texas Payday Law says that a week must include seven consecutive days. This means that a week does not need to start and end on a weekend, but it cannot be stretched out to include more than seven days, which would possibly eliminate some overtime hours. Any worker who has questions about how their workplace defines a week can ask their employer and ensure that there is compliance with the seven day period. The worker should also check their pay statements to ensure that there is no missing overtime if they have worked in excess of forty hours in that seven day period.
The Fair Labor Standards Act
Texas chooses to follow federal regulations set out in the Fair Labor Standards Act for many issues related to pay. This means that wage laws in Texas tend to follow federal guidelines, with few differences. This includes rules for minimum wage, overtime, and paid time off or comp time. However, there are various exceptions that should be researched depending on the employee’s line of work. For example, certain seasonal and agricultural workers or professionals are generally not entitled to overtime under the FLSA.
Different methods of calculating overtime
The Texas Workforce Commission allows for certain workers with irregular hours to have their overtime calculated in different ways. This can include dividing the worker’s salary by forty, then giving additional pay for the excess time worked. Anyone who needs specific help with determining how their employer uses this process should contact their payroll or human resources department, and retain a lawyer if necessary.
Help from a local firm in Midland
Moore and Associates is a firm that handles unpaid wages and other labor issues in the Midland area. Potential clients can schedule a meeting to discuss their situation with a local attorney and determine whether a lawsuit is necessary.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002
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