Question

Does an employer in Texas have to pay overtime?

Sponsored Answer
Mark S. Siurek - Employment & Labor - Super Lawyers

Answered by: Mark S. Siurek

Located in Houston, TXWarren & Siurek LLP

Houston, TX
Phone: 713-522-0066
Fax: 713-522-9977

View Profile
Answer

Generally, employers in Texas must pay their employees overtime compensation for any hours worked beyond forty (40) hours in a workweek. However, there are a few exceptions to this general rule. Federal regulations provide very narrow rules that an employee must meet in order to be excluded from the required payment of overtime compensation. These rules are varied and must be examined on an individual case-by-case basis. Importantly, "white collar" salaried employees are not automatically prevented from earning overtime compensation although some types of employees are not eligible for, or are exempt from, the requirements of overtime compensation. For example, professionals such as doctors and lawyers are often exempt from overtime.

Most employees who are eligible to receive overtime compensation must be paid one and one-half times their hourly rate of pay for each overtime hour worked. Many times, an hourly rate should include some type of bonus and commission payments. In unusual cases, some overtime compensation plans have been approved that allow employers to pay less than the time and one-half hourly rate. However, many employers fail to correctly calculate overtime compensation due under these plans.

To see if you are entitled to overtime compensation, or if your overtime compensation is being paid correctly, please give us a call.

 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Mark S. Siurek

Photo of Mark S. Siurek

How do I negotiate a severance in Texas?

Typically, employees have no legal right to a severance payment at the termination of their employment relationship. Nevertheless, there are a number …

Sponsored answer by Mark S. Siurek

Photo of Mark S. Siurek

Are non-compete agreements enforceable in Texas?

Unfortunately, for employees in Texas, non-compete agreements and other restrictive (or protective) covenants have become much more likely to be …

Sponsored answer by Mark S. Siurek

Other Answers About Wage & Hour Laws

Photo of Joseph A. Fitapelli

“Am I entitled to overtime pay when I’m paid a salary in New York?”

Am I Entitled to Overtime Pay in New York?An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law …

Sponsored answer by Joseph A. Fitapelli

Photo of Kenneth J. Katz

Which Employees In New York Are Entitled To Overtime Pay?

Many employees in New York are eligible for overtime pay if they work more than 40 hours per week. Unless an employee has a job that is specifically …

Sponsored answer by Kenneth J. Katz

Photo of Kenneth J. Katz

Can I Get Paid Overtime In New Jersey Even If Salaried?

Many salaried employees in New Jersey must still receive overtime pay despite being compensated on a salary basis. Your eligibility for overtime pay …

Sponsored answer by Kenneth J. Katz

Call Me
713-522-0066

To: Mark S. Siurek

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.71142101287842 sec