Do I Qualify for Overtime?
There are several criteria that determine whether or not an individual is eligible for overtime pay. The Fair Labor Standards Act was established to protect workers against lack of compensation for
overtime. All employees that work more than 40 hours a week
must be paid time and a half for every hour above what is required. There are only a few exceptions, some of which are listed in the following section.
Exempt employees are not entitled to overtime benefits and are "exempt" because they do not fall under the Fair Labor Standards Act requirements. In some cases, an independent contractor may recover overtime. In such cases, the employer has the burden of proof. This means that if an employee claims that he or she is owed overtime for a certain job, it is the responsibility of the employer to prove that overtime is not owed by providing the necessary documentation.
Looking at Overtime Exemptions
It is important for each employee to check on their benefits instead of taking their employer's word for it. Some non-exempt employees have missed out on their overtime benefits because they have not looked closely enough at their legal rights. While the following list is not all inclusive, here are a few types of employees that are exempt from overtime benefits, including:
These employees generally have advanced training in their area of work and are usually required to make administrative decisions. Professional employees may include: nurses, dentists, accountants, scientists, computer professionals, artists, and actors.
An executive employee generally directs the work of at least two other employees. He or she usually manages a portion of the company and performs office work that is directly related to management type activities.
COMMISSIONED SALES EMPLOYEES
Those who work in service or retail that earn more than half of their income from commission and their total pay per hour comes out to be about one and one-half times their wage are often exempt.
Employees on a smaller farm are exempt from overtime laws and minimum wage requirements. All other farm workers are also not entitled to overtime according the FLSA.
DRIVERS, MECHANICS, LOADERS
If the employees work for a motor carrier and if their work directly affects the safety of operations in transporting individuals and items in foreign commerce or between states, then they will be exempt from overtime.
Assistance from Houston, Texas Overtime Attorneys
The rules about overtime pay and pay exemption can become complex depending on the circumstances involved. That is why it is so important to speak with an attorney that can assist you with your case. Having a lawyer review your situation can help you to understand your best course of action. With our commitment to justice as members of the American Association for Justice, we will be able to help protect your specific rights.
At Sloan, Bagley, Hatcher & Perry, we have combined over 100 years of experience in order to assist those that are owed unpaid wages and overtime. It is our goal to see that you and your family get the proper care that you deserve in these types of tricky situations. We have extensive experience taking employers to court over issues of overtime. If it comes down to it, we will do the same for you. Rest assured that our trial skills will most likely prove very beneficial to you as we have been named as one of the
Top 100 Trial Lawyers in America.
Speak with one of our attorneys that have been included in the list of Texas' Super Lawyers® to find out more about what we can do to best assist you in your time of need. Our ethical and professional practices have earned us an AV® rating by Martindale-Hubbell®, which is a respected source amongst our peers and clients. Do not delay in getting your rightful financial compensation. Contact our office for a free case evaluation today!