Questions about Overtime Compensation

in Houston, Texas

How do I know if I’m entitled to overtime pay?
In most states, Texas included, you are entitled to overtime pay if you work more than a 40-hour work week. There are, however, exemptions to overtime laws, and the experienced overtime and wage attorneys at Kennedy Hodges, L.L.P. will be able to explain these laws to you while they work on your case. But, basically, an "exemption" means that the overtime law does not apply to a particular classification of employees. Keep in mind, however, that many employers try to claim a certain employee is exempt from overtime, when, in actuality, he is not exempt. If you are legally entitled to overtime wages and back pay, we will fight to get you the compensation you deserve.

How is overtime calculated? Is an employer obligated to pay overtime?
Overtime is always based on a regular rate of pay, which is what you earn for a regular work week. Most employees receive time and a half for any hours they work overtime. Federal law requires that employers pay overtime, whether or not the overtime pay was authorized if the employer knew or had reason to believe the employee worked the overtime hours. An employee can be reprimanded for working overtime without permission, but that overtime pay cannot be withheld from the worker.

If I'm a salaried worker, am I entitled to overtime?
This depends on various factors. A salaried employee must be paid overtime unless he meets exemption status by federal and state laws. Again, these laws are complex and confusing, but we can explain them to you and figure out if you were supposed to be paid overtime wages.  One thing is clear: many employees who are paid salary are still entitled to overtime. Contact us so we can help you answer this question for your particular situation.

What are some tactics used by employers to avoid paying overtime?
Some of the tactics used by employers are very crafty, and some are downright illegal. Unfortunately, many unsuspecting employees will not even realize they are being cheated out of overtime wages because employers know some pretty tricky ways to make the paperwork and paychecks so confusing that it's hard to tell if you are being cheated out of earned wages. Here are some of the more common tactics to not pay overtime:

• Asking you to work before and/or after you clock in
• Asking you to take work home with you
• Give you the title of "manager" or supervisor to avoid paying you overtime, when in fact you are not performing managerial responsibilities.
• Give you the title of "independent contractor" when you really have an employer/employee relationship
• Have you work through breaks
• Have you clock in/out for breaks
• Claiming you didn't have permission to work overtime
• Saying your salary precludes from getting overtime

If you are a victim of one of these practices, you might be entitled to back pay. There are deadlines to file such claims for overtime wages, however, so please don't delay any longer.

If you live in Houston or anywhere in Texas and feel that you are owed overtime wages, please contact the experienced wage and overtime attorneys at Kennedy Hodges, L.L.P. today to schedule your confidential no-cost consultation.

Also, please keep in mind that we do not charge our clients unless we make a recovery for them.