McAllen, TX Unpaid Wages Lawyer

Federal labor regulations stipulate that the majority of workers are eligible for overtime wages. Nevertheless, particular professions within specific sectors fall under the exempt category, barring them from overtime pay. Below, we explain in detail the distinction between exempt and non-exempt employees in the state of Texas.

Exempt vs Non-Exempt Employees

Exempt and non-exempt workers share many similarities, but their primary contrast lies in how they are paid for extra hours worked. The Fair Labor Standards Act (FLSA) defines the distinctions between these employee categories. To be considered exempt from receiving overtime pay, an employee needs to satisfy at least one of the below conditions.

If they have an administrative role, they may be exempt from overtime pay if they engage in office tasks and make important business decisions independently. They must also make at least $684 to be exempt from overtime under the FLSA.

If they have a computer-related role, their core duties revolve around systems analysis, computer systems management, programming, and related responsibilities. These roles must not involve manual labor, and their gross weekly pay must not fall below $684 to be considered an exempt employee. If they receive hourly compensation, the rate must be at least $27.63 per hour.

If they have an executive role, their main duties include overseeing business operations, making crucial hiring and firing decisions, and other important decisions. To be considered exempt, they must also receive a weekly salary of no less than $684.

If they have an outside sales role, they frequently work outside of their physical office. Their main duties include acquiring contracts, making sales, or getting orders for their business. For outside sales roles, minimum salaries do not determine an employee’s exemption.

If their occupation falls within a professional category like accounting, engineering, teaching, biology, architecture, or similar professions, they may be exempt. Creative professionals are included and encompass roles such as writers, actors, artists, musicians, and others. To be exempt from overtime, they should also receive a weekly salary of at least $684. There are other exemptions, but these are the most common.

What Is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal labor law in the United States that was enacted in 1938. Its primary purpose is to establish and regulate labor standards, including minimum wage, overtime pay, child labor provisions, and record-keeping requirements for employers.

Your Rights Under the FLSA

Legally, you can sue your current or former employer for denying or withholding the overtime pay you earned. This is a right provided by the FLSA for both individuals and groups of employees.

Also according to the FLSA, if a company has breached overtime wage laws, they might be required to compensate you for twice the original sum of overtime wages. In a successful claim, the company may even be required to cover your attorney and court costs.

How Do Employers Deny Overtime Pay?

It’s common knowledge that many companies and employers care more about protecting their bottom line than rewarding their employees for their hard work. If an employee claims they are owed overtime wages, many employers will bend the truth or threaten employees to avoid paying. Below, we list several ways that employers try to avoid paying overtime.

• Claiming they didn’t know about your overtime
• Averaging hours across multiple weeks
• Paying compensatory time instead of overtime
• Not paying because of an employee’s citizenship or legal status
• Claiming the employee’s work did not count as “beneficial work time”
• Misclassifying employees as exempt. Just because you are paid a salary does not mean you are not entitled to overtime.
• Requiring employees to work off the clock before or after their shift or during meal breaks

What Workers Are Most Often Denied Overtime Compensation?