Whenever any worker is not paid the full amount that they are owed for their work, including overtime, this is considered wage theft and it is covered by the Texas Payday Law.
Lancaster, TX – If any hourly worker has spent more than forty hours working in a seven day consecutive period of 168 hours, they are entitled to overtime pay. The minimum overtime rate is one and one half times the employee’s regular pay. There is also no cap on the maximum amount of overtime hours that a person can work in a given period. Federal law outlines many of these protections in the Fair Labor Standards Act, which applies to all workers in the United States.
Despite these regulations, it is common for some workplaces to avoid paying overtime even to workers who have legitimately earned the pay. Employees who are dealing with unpaid overtime can contact a lawyer or notify the Texas Workforce Commission of their problems.
Some employees can be classified as salaried workers or exempt, who are not entitled to overtime pay. However, this is usually for owners, administrators, certain office workers, and a few other types of workers only. It is possible that certain independent contractors and others may be exempt from overtime laws as well. Workers should review their employment status with human resources or the department assigned to these matters.
The majority of workers are entitled to overtime and protected by the state and federal government’s overtime regulations. If there is confusion about whether a worker is legitimately salaried or not, the person can get in touch with a labor attorney with experience in these matters. Their pay also cannot go below the hourly minimum wage set by the state.
Employment agreements about overtime pay
Some workplaces may try to limit or eliminate the amount of overtime pay the worker can receive through some kind of employment contract or agreement when a position is started. These types of employment contracts will not be enforced if they conflict with the provisions of the Fair Labor Standards Act or any other state law that covers overtime protections.
Wage theft protections
Whenever any worker is not paid the full amount that they are owed for their work, including overtime, this is considered wage theft and it is covered by the Texas Payday Law. To help prevent wage theft, workers should keep their own basic records of their hours, check their pay statements regularly, and notify their employer of any discrepancies.
Labor attorneys in Texas
Moore and Associates is a labor and employment firm that works with local clients in Lancaster and nearby parts of Texas. Anyone who has problems with wage theft, sexual harassment, unpaid overtime, or discrimination can speak with their attorneys to learn more.