Rockwall, TX – Overtime pay is important for hourly workers who have recorded more than forty hours in a seven day consecutive period. This can represent a significant portion of their earnings, as they need to be paid at least one and one half times their standard pay rate. However, there are often issues with overtime pay, as some employers may not be aware of these laws or they may purposely try to avoid paying overtime to save money. For these reasons, it is helpful for workers to have a basic understanding of how overtime can affect them.
Who is an hourly employee?
Most employees who are paid for the amount of time they work each week are considered hourly. It is possible that some workers can be salaried, meaning they are given a certain annual rate of pay regardless of how much or little they work. There are workers such as independent contractors, administrators, and salaried employees who are not paid in the same way as hourly employees, and they are not eligible for overtime wages under relevant wage laws.
Why would an employer want to classify a person incorrectly?
If an employer can get away with saying most or all of their workers are either independent contractors, salaried, or otherwise ineligible for overtime, this can represent significant savings. A business can save very large sums of money by having employees who work long hours, yet never have to be paid overtime wages.
Reviewing pay statements
Workers should routinely review their hours and pay to ensure that they have been paid any overtime that is due. If there appear to be any issues, the worker can ask the employer to look at their pay records, and then bring any possible discrepancies to their attention. If there was a clerical error or an honest mistake, the employer will likely correct the issue and pay the worker properly, although sometimes this is not the case.
Unpaid overtime lawsuits
If the employer is uncooperative or refuses to correct the issue, the worker can bring an unpaid wage claim or lawsuit. Both state law in Texas and federal law say that the person needs to be paid for any time that they have legitimately worked and earned money, including applicable overtime. Any unpaid wages or overtime that are collected through legal action may also be subject to other damages such as interest on late wages.
Meeting with a labor attorney in Texas
Moore and Associates is a labor law firm that works with clients in Rockwall and other cities in Texas. Their attorneys near me can provide more information about matters such as discrimination, unpaid wages, and sexual harassment.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002