Ambitious, Experienced And Professional Employment Law Attorneys

Employee classifications for overtime pay

As a worker employed by a company, you have certain rights guaranteed by law. You may need to show an employer that you intend to defend your rights as a worker. You can do so by filing a claim for overtime compensation in the state of Texas.

What are the two main classifications?

There are two main classifications for overtime compensation claims that you will need to be aware of. These are non-exempt and exempt. The main difference between the two can be stated in terms of how each relates to overtime eligibility. This is a distinction you will need to keep in mind when filing.

Some employees are considered to be exempt from receiving overtime from their employer. They are not entitled to overtime pay per the Fair Labor Standards Act (FLSA). They are normally exempt because they hold executive and administrative positions. However, some types of exempt workers may still qualify for overtime.

Non-exempt workers must be paid overtime

If you are not considered to be in the class of exempt workers, it means that you are entitled by law to receive payment for overtime. Typical non-exempt workers may be employed as servers, contractors, and retail associates. The rules of the FLSA must be strictly observed and overtime must be paid out in a fair manner.

On occasion, there may be hitches that develop as a result of an employer not wanting to pay their fair share of overtime. If such a matter should develop, you will be fully entitled to file a claim to receive your rightful share of overtime pay. The total amount you receive will depend on your weekly earnings as well as the number of hours you work.