Understand your legal rights if you are denied overtime

On Behalf of | Jun 7, 2019 | Wage And Hour Laws |

Many Texans rely on overtime pay as a significant portion of their income. If an employee works beyond 40 hours in a workweek and gets paid hourly, they should receive overtime. Unfortunately, there are employers who will deprive workers of these wages by using various illegal tactics. If you are confronted by this violation, there are legal remedies to pursue.

The overtime laws require that an hourly worker receive as much as 1.5 times their rate for every extra hour worked over 40 hours. One way employers may avoid paying overtime is improperly classifying an employee. They will say that the employee’s status makes them exempt from the law. This is a practice that harms workers.

Examples of strategies employers might use to keep from paying overtime include ordering workers to take part in training that is not given during regular work hours and is “off the clock.” If a worker is performing a job that is normally calculated hourly and pays the employee a salary, this too can circumvent paying overtime. Another basic way to avoid overtime is to pay the employee the hourly wage for overtime work rather than time-and-a-half they should get.

When facing such behavior, it is imperative to know how to put a stop to it and get what you are owed. Many employees are not even aware that they are being underpaid or deprived of their overtime pay. Wage laws must be adhered to, and employers who fail to do so can be held accountable. Calling a law firm for a consultation is the first step. If you need help getting overtime pay, check out our page on wage and hour laws.


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