Overtime FAQs

Houston Overtime Attorneys Answer Your Questions

There are perhaps more myths about overtime and wage law in the United States than any other subset of law. If you have questions as an employee, we have answers. Below, we’ve provided answers to some of the most common questions about overtime and wage law as it applies to workers in Houston and throughout Texas. Call us at (888) 367-7160 if you have additional questions, or you can contact us online.

Is overtime law the same in every state?

Overtime provisions are outlined in the Fair Labor Standards Act (FLSA), which is a federal law. Overtime rights and restrictions therefore are the same from state to state. Other labor laws may differ by state, including minimum wage and workers’ compensation.

Who administers rights under the FLSA?

The Wage and Hour Division administers everything detailed in the FLSA.

Is overtime pay only for employees of certain businesses?

According to the Department of Labor, the FLSA’s overtime provisions apply to employees who work for businesses that engage in interstate commerce, usually not less than $500,000 in annual dollar volume of business. However, the Act also applies to some businesses regardless of annual dollar volume, like hospitals, domestic service companies, and higher education institutions.

Who is exempt from overtime law?

There are exempt and nonexempt employees as it applies to overtime provisions in the FLSA. Some examples of exempt employees include executives, outside salesmen, “skilled computer professionals,” farm workers who work on small farms, and babysitters.

Is it possible that I’ve been misclassified as an exempt employee?

Yes! In fact, this happens frequently. In an effort to avoid paying certain employees overtime, some employers misclassify their employees as exempt. If you believe your job requirements fit those of a nonexempt worker, but you are not getting paid overtime, contact us.

If I make tips, does that affect my overtime pay?

If your boss takes a “tip credit,” then overtime is calculated on the full minimum wage, rather than the lower wage payment. Your employer must take the same tip credit for overtime hours as they do for regular hours. As an example, it is against the FLSA for your employer to take a $4.00 tip credit during your regular hours but a $5.12 tip credit during your overtime hours.

How much is overtime pay and how much do I have to work to get it?

According to the Department of Labor, overtime pay is time-and-a-half your regular rate of pay for every hour worked in excess of the regular 40-hour workweek.

I interviewed for a job where the employer asked me to waive my rights to overtime pay. Is this legal?

Whether you sign an agreement waiving your rights to overtime pay or not, overtime pay may not be actually waived. If you are a nonexempt employee, federal law guarantees you time-and-a-half pay for every hour worked over the 40-hour/week threshold.

What can I do if I believe my overtime rights are being violated?

If you believe you are entitled to overtime pay that you have not been getting, you have legal recourse to get the money that you worked for. To find out if you have a claim, contact a Houston overtime attorney at our firm. You do not have to fear employer retaliation, as you are protected against this under the law. We will also keep all inquiries completely confidential.

Contact us today for a free review of your options!

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