The Fair Labor Standards Act (FLSA) is a federal labor law that for one, requires overtime pay to non-exempt employees who work more than 40 hours in a week. All hours of work over 40 in a workweek must be paid at a rate not less than 1.5 times the regular rate of pay. Most importantly, under FLSA, you are guaranteed the right to be paid fairly.

Overview of exempt vs. non-exempt employees

The main difference between the two types of employees concerns overtime pay. Under the rules and regulations of the FLSA, exempt employees are not entitled to overtime pay. To qualify for exempt status, you must earn a minimum of $684 per week ($35,568 per year) generally paid in the form of a salary. However, in addition to earning a salary, you must also perform exempt job duties.

Be aware, just because you are paid a salary does not mean you are an exempt employee.

Non-exempt employees earn less than $684 per week ($35,568 per year), do not perform exempt job duties, or are paid by the hour. As a non-exempt employee, you are entitled to earn the federal minimum wage and qualify for overtime pay for every hour worked beyond 40 in a workweek. Remember, overtime should be paid at a rate no less than 1.5 times your regular hourly rate.

It is important to keep in mind that overtime wage law as it relates to exempt and non-exempt employees can be incredibly complicated and in certain situations not always cut and dry. We pride ourselves in our ability to navigate complex scenarios in federal and Texas overtime wage laws and encourage you to contact us to learn if you have a valid case.

Your overtime rights under FLSA

You have the right to sue a current or former employer who knowingly denied or unknowingly withheld your earned overtime wages. FLSA includes provisions for individual or groups of workers to file private lawsuits for unpaid overtime wages.

Under the law, when a company is found to be in violation of overtime wage laws, they are generally required to pay you double the amount of unpaid overtime wages. When a lawsuit is successful, the violating companies are often required to also pay your attorney’s fees and court costs on top of their overtime penalties.

Retaliation for unpaid overtime claims

Under FLSA, it is illegal for employers to fire, retaliate or discriminate against you when you file a claim to recover unpaid overtime wages. Judges enforcing overtime laws severely reprimand employers who retaliate against employees under these circumstances. If your employer does retaliate against you for filing an overtime claim, our law firm will take the extra steps to help you recover additional damages.

Types of workers most often denied overtime wages

Any employee can be denied rightful overtime pay. However, certain categories of employees more commonly lose out on being paid the hard-earned wages they deserve. These include:

Independent Contractors

Employers often try to avoid paying overtime by making you an “Independent Contractor.” Simply being a contract worker does not mean that you are not entitled to overtime pay. If you have agreed to be a contract worker or 1099 employee, you may still be entitled to overtime pay.

Hourly Employees

If an employer requires or pressures you to work “off-the-clock” before your shift to prepare for the workday (starting the computer, reading e-mails, preparing tools or equipment), work during an unpaid lunch period, post-shift to close out the workday (e.g. finalizing paperwork, sending reports), or work from home, you may be entitled to overtime pay for that time worked.

Salaried Employees

Many people believe that if you are paid a salary, you are not entitled to overtime. The truth is, many salaried employees are entitled to overtime pay even if they hold job title such as “manager,” “office manager” or, “administrative assistant”. Employees in these situations are most likely being misclassified for the shameful purpose of not paying them overtime. You are not automatically exempt from FLSA protections just because you receive a salary.

Day Rate Workers

Paying an employee a “day rate” or “daily rate” is very common, especially in Texas oilfields. However, when a Texas oilfield worker goes beyond 40 hours of work in a week, they are generally entitled to overtime pay even if they are paid a day rate.