Technically, only your employer can answer that question. As experienced Texas overtime attorneys who see on a daily basis the frustration unpaid overtime can cause, we certainly hope that your employer would not send you permanently out the door for simply asking for an explanation.
What we can tell you is that if your employer does fire you for asking about overtime, chances are they are breaking the law.
The Fair Labor Standards Act requires that all non-exempt employees covered under the Act be paid one and a half times their normal hourly rate for all hours over 40 worked during one week. If you are considered exempt from overtime, your employer must give you an explanation on why they chose that exemption for you and also back it up with facts that prove you should be exempt. There are certain criteria that must be met in order for the exemption to be legal, but if even one requirement is only met a portion of the time, the exemption is void.
Since even the U.S. Department of Labor believes that nurses are rarely exempt from the FLSA and, therefore, overtime, it is definitely worth discussing your situation with an attorney if you are a Houston nurse not receiving overtime pay.
That’s where Kennedy Hodges comes in. We are available to analyze your situation in a confidential and complimentary consultation and will be happy to provide you with the tools you will need to ensure future overtime pay. Call us today at 888-449-2068 or fill out our online form, and we will also send you a free copy of our book, Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.