Overtime Rules and Violations

Texas' employers are no different from any other state's employers when trying to work their way around state and federal overtime rules. Many companies have been known to create elaborate myths and stories to dissuade their employees from discovering that they are not receiving their well-deserved overtime pay. Some of the common myths are listed below.

First, the “reclassification” myth. This story is employed by employers who have “reclassified” an employee and now assign him or her overtime pay. While this does not sound like a bad thing, reclassification rarely comes with any real changes in jobs and so the employer was probably violating the overtime rules prior to “reclassifying” the employee.

Second, the “salaried employee” myth. It is a common belief among employees that salaried employees are not eligible for overtime. This myth is perpetuated by the employers who want to avoid paying overtime. Under Texas law, all employees are eligible for overtime pay unless they take home more than $455 a week and perform duties that satisfy one of the few overtime exemptions. Note that it is an “and” not an “or” between the two qualifications.

A final common myth is the “independent contractor” myth. Employers have been known to label a real employee as an “independent contractor” or “temporary worker” in order to sidestep overtime pay rules. This works for them because, under federal law, overtime pay is available only to “employees.” It has been shown that a number of “independent contractors” are really “employees” and that their classification otherwise is flawed.

Contact a Houston Wage and Hour Dispute Lawyer

If you have been deprived of overtime pay because of an employer's sneakiness, contact the Houston employment lawyers of the Ross Law Group at 713-482-6910.