Getting What You’re Owed Part II: What Counts as Overtime?
The law that governs overtime pay states that every employee who works more than 40 hours in a week must be paid overtime in the amount of time and a half for the time exceeding 40 hours. That means that an employee whose hourly wage is $10 an hour will have an overtime pay rate of $15 per hour. On a week that contains overtime, the employee should be paid $10 an hour for the first 40 hours and $15 an hour for any hours over 40.
A simple calculation shows that a 45-hour week would cause the employee to have a gross wage of $475. The first 40 hours times $10 an hour earns the employee $400. The five overtime hours multiplied by $15 an hour — the overtime rate — would add an additional $75 to the employee’s paycheck, resulting in a grand total of $475 for that week. Anything less is unacceptable and illegal.
Employees who suspect that they’re being shorted on overtime pay should contact a Houston overtime lawyer or a San Antonio overtime attorney to protect their rights, particularly when the employer refuses to honor the law.
Some employers may try to get around the overtime law by informing employees that Texas has no laws requiring them to pay their employees overtime. While it is true that Texas does not have any laws requiring the payment of overtime, Texas employers are subject to the federal overtime law that requires payment of time and a half for any hours that exceed the 40-hour work week. Employees who encounter employers who try to confuse on this fact should contact a San Antonio overtime attorney immediately for a professional opinion on their case.
Even though there are exceptions to the federal overtime law, they are rare. Rather than trying to figure out those exceptions themselves, employees should always err on the side of caution and contact a qualified overtime attorney for a reliable opinion on their right to overtime pay.
When an employee has approached the employer about overtime pay which they’ve not received and have been given a complicated explanation that they’re unable to understand, this is the perfect time to seek counsel from a lawyer who specializes in overtime issues. Every employee should know their rights when figuring what does and does not count as overtime on the job.