Employers must pay overtime to non-exempt employees. I represent workers who have not been paid their overtime or who have not been properly paid their overtime. If you have been a victim of wage theft, contact me, your Houston overtime lawyer.

What is overtime?

The FLSA requires employers to pay an employee a minimum of 1.5 times the employee's regular rate for any time worked over forty hours in any given week. The regular rate is usually calculated off the Employee's entire compensation.

What is a violation?

To show an employer has violated the FLSA, the employee must show:

  1. There was an employment relationship for the time claimed as overtime;
  2. The employee engaged in activities covered by the FLSA;
  3. The employer did not properly follow the FLSA's overtime requirements; and
  4. The amount due to the employee that was not paid as overtime.
Importantly, the employer may be liable to pay you overtime even if they did not authorize it but turned a blind eye to the employee to working over four hours.

Exempt or not?

Determining whether an employee is exempt or not creates a lot of litigation in the area of wage law. There are many exemptions with caveats and gray areas about which attorneys may argue. Some broad examples of exemption categories under the law include:

  • Executive exemption;
  • Administrative exemption;
  • Professional exemption;
  • Computer employees
  • Outside sales
  • Highly compensated employee exemption; and
  • A combination of the aforementioned.
Of course, some professions are inherently non-exempt such as paralegals, nurses, and dental hygienists to name a few. If you believe that you may be misclassified and your employer is not paying you properly in either minimum wage or overtime, contact me to consult about your options.

Not paid properly? Contact me - an overtime lawyer

The FLSA can be quite unintuitive, and employers may often misclassify workers, wrongfully denying them overtime pay. If you think your employer has engaged in wage theft or has not paid you overtime you are owed, contact me, your Texas overtime attorney to schedule a consultation.