Workers may be entitled to overtime pay if they work more than their usual scheduled hours. A Texas employee can earn one and a half of their typical pay rate for every hour over 40 hours in a single week. For example, an employee who earns $10 an hour can earn $15 an hour in overtime pay.
However, not all Texas employees can earn overtime pay. Some employees are classified as exempt. Here is what you should know:
What does it mean to be an exempt worker?
An exempt classification means that an employee is not entitled to overtime pay. An employee may be considered exempt depending on their job duties, title and other forms of compensation. Many exempt employees have executive, administrative or professional titles that come with a higher yearly income. If an employee earns at least $684 a week or $35,568 a year, they may be exempt from overtime pay.
Non-exempt employees can earn overtime pay. If an employee earns less than the minimum threshold of $684 a week or $35,568, then they may be considered non-exempt. Both salaried and hourly employees may be entitled to overtime pay.
Can independent contractors receive overtime pay?
One of the few exemptions to overtime pay is if a worker is classified as an independent contractor. Independent contractors are typically not considered employees because they can set their own hours and decide what work they will accomplish. As such, an independent contractor may not be entitled to overtime pay.
Did an employer misclassify an employee to avoid paying overtime?
An employee may attempt to avoid paying their employees by misclassifying them as exempt or independent contractors. Employees who are not paid for their overtime work can file a legal claim to recover stolen wages. Experienced legal guidance can help employees seek justice.