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Overtime Violations FAQ

San Antonio Overtime Violations Lawyers Counsel Workers

Frequently asked questions on overtime violations in Texas

The laws and regulations governing overtime in Texas are complicated. The attorneys at Sanford Law Firm in San Antonio are dedicated to protecting the rights of employees on wages and other issues. We understand that you might have questions about overtime, such as:

Contact an accomplished Texas attorney regarding a wage or overtime dispute

The following is a quick summary of the answers, but we can discuss these and other questions in more detail as they apply to you if you schedule a consultation in our office. Sanford Law Firm is on Stone Oak Parkway in San Antonio and we serve clients throughout Bexar, Comal, Guadalupe and Wilson counties. We offer flexible scheduling to meet your needs. For a consultation regarding overtime, please call 833-295-1994 or contact us online.


Which businesses are required to pay overtime in Texas?

Texas has no overtime pay requirement but one is imposed by the Fair Labor Standards Act (FLSA), a federal law that governs wage and hour standards for most employees. A business is covered by the FLSA’s overtime requirement if it either generates at least $500,000 per year or does business across state lines. Examples of doing business across state lines are making phone calls, sending mail or shipping goods from one state to another. We can determine if your employer is covered by the law. Some individuals who work for businesses that do less than $500,000 per year in business are protected by federal law. You should consult an attorney.

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Who qualifies for overtime and who does not?

Even if a company is covered by the FLSA’s overtime requirements, it is only required to pay non-exempt employees. Employees exempt from overtime rules include:

  • Executive, administrative and professional employees who earn a salary of at least $649 per week
  • Independent contractors
  • Salespeople who regularly work outside their employer’s offices
  • Employees of seasonal amusement and recreational businesses, organized camps and religious and nonprofit conference centers
  • Seamen and fishermen
  • Employees of small farms

We can determine if you are an exempt or non-exempt employee after reviewing your specific circumstances.

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How do you calculate overtime pay?

Non-exempt employees are entitled to time and a half — 150 percent of their normal hourly pay — for any work in excess of 40 hours per week. For instance, if you work 42 hours, you are entitled to your regular pay for the first 40 hours and the equivalent of three hours of pay for the last two. On the other hand, if you work more than eight hours in a given day, your employer can compensate you by giving you time off on a later day in the same workweek. We can determine if your comp-time arrangement satisfies overtime pay rules.

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What is an overtime violation?

There are several ways in which employers may violate the FLSA’s overtime requirements but most of them boil down to either mischaracterizing a non-exempt employee as exempt or undercounting their hours worked or the amount of their pay. If you have not received overtime pay to which you are entitled, the committed pro-employee labor lawyers in our office can either convince your employer of the error or bring an overtime suit.

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What are the penalties for not paying overtime?

If you bring an overtime suit against your employer and win, you are entitled to the unpaid amount, plus interest and your attorney fees and legal costs. In addition, if your employer can’t prove that it acted in good faith, it must also pay you a penalty equal to the amount of your unpaid wages. We often find that the possibility of as penalty persuades employers to settle disputes.

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