I work as a phlebotomist at a local hospital, and am responsible for drawing blood for all patients in the children’s wing. Since I make more than $455 per week, my employer said that I am not entitled to overtime as a healthcare employee in Texas, even though I usually work 45 hours per week. Is he correct?

While making $455 is one of the conditions that must be met for an employer to exempt you from overtime in the healthcare field, it sounds like you would probably not meet the other three criteria that we have previously discussed on this site. So the answer is: No, you should not be exempt from overtime.

The Texas overtime attorneys see cases like yours on a regular basis. We know that phlebotomists do not have an easy job, especially in the children’s’ wing of the hospital, where many patients are probably terrified of needles and getting their blood drawn. But since your job typically does not require you to consistently exercise judgment and discretion about those blood draws, or their results, you are not meeting one of the most important criteria for exemption.

This also means that you are missing out on quite a bit of money each paycheck. For example, if you are making $15 per hour, but are misclassified as exempt from overtime, you are missing out on $37.50 each week. That may not seem like much money to some people, but it adds up to nearly $2,000 per year.

Don’t let your employer’s misclassification be the reason why your paycheck suffers. Call Kennedy Hodges at today 888.449.2068. We will gladly answer any questions that you have – for free – and even give you a free copy of our book on overtime claims in Texas.
Galvin B. Kennedy
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Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.