Victoria, TX – All hourly employees who record more than forty hours of work in a week are supposed to receive overtime pay. Workers should understand the basics of how overtime law works to avoid being paid improperly or other problems with their wages. It is also important for people who are consistently working more than forty hours to be mindful of possible ways that their employer may be shortchanging them and engaging in wage theft. If a worker suspects that there are problems with their pay or overtime issues, they can receive advice from a labor attorney in Texas.
Typical overtime practices
Standard overtime pay is one and one half times the workers standard pay rate for each hour worked over forty in a seven day consecutive period. The employer can begin the work week on any day they want, but they must apply overtime rules based on the day that they choose the week to begin. When the worker needs to be paid, overtime is usually included into one sum with all of the worker’s standard hourly wages.
Overtime and taxation
Despite the fact that it may appear to be taxed at a higher rate in a pay statement, overtime wages are subject to the same tax rate as standard wages. However, many pay statements with overtime hours that appear to have more taken out in taxes are simply being taxed more because the worker has earned more. There is not a higher overtime tax rate or additional tax that applies once the person starts logging overtime hours.
Employers who avoid overtime
There are a few different things that some employers will try to do so that they are not paying out overtime hours. The most common of these issues is problems with worker classification. There are some people who are considered salaried, independent contractors, or exempt due a position in administration or ownership. Certain employers will try to tell most or all of their workers that they are salaried or independent contractors, even if this is not true. This creates the appearance that they are not required to pay out overtime. Another common problem is when the employer has workers who regularly work more than forty hours, but only pays the standard rate for all hours beyond forty rather than the overtime rate. This is illegal as well for hourly employees.
Overtime lawyers in Victoria
Moore and Associates is a firm that handles employment law and labor issues in the area of Victoria and other parts of Texas. Anyone who needs help with unpaid overtime, discrimination, sexual harassment, or other forms of wage theft can contact their attorneys to schedule a meeting.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002