Employers in Texas are required to comply with the protections for employees that are set by the Fair Labor Standards Act (FLSA). The provisions in this act are meant to help ensure that employees are paid fairly and aren’t subjected to certain negative employment conditions.
One of the conditions that must be met is overtime pay. Employees who are paid hourly and those who are considered non-exempt are required to be paid overtime in specific situations. Understanding those can help employers to ensure they’re in compliance and may help employees ensure they receive what they’re due.
When is overtime pay required?
Overtime pay is required if an employee works more than 40 hours in an established work week. The work week must be seven days long, and each work week must start on the same day of the week.
How must overtime pay be handled?
Overtime hours must be paid at a rate of 1.5 times the individual’s normal rate of pay. That rate goes into effect in the first minute once the employer has worked 40 hours in a week. Unpaid time, such as lunch breaks, don’t count toward the 40-hour work week.
Can written agreements void overtime payment requirements?
Written agreements can’t void overtime pay requirements. Employers are required to pay the employee overtime pay as long as the requirements for doing so are met.
It’s critical that employees pay close attention to paycheck information to ensure they’re being paid properly. If they recognize that they aren’t being paid overtime when it’s due, they should notify their employer immediately. If an employee believes they’re being denied earned overtime, it can help to get legal guidance to help protect their rights..