${site.data.firmName}${SEMFirmNameAlt}
Schedule A Consultation 713-955-1800

Looking at employee rights regarding overtime

Last time, we began looking at a new rule passed by the Department of Labor which will extend overtime pay to millions more Americans. As we noted, the Fair Labor Standards Act exempts some employees from overtime pay as well as minimum wage protections, and it exempts certain employees from only overtime protections. Knowing one's own classification under the law is important to protect one's rights.

Employers are allowed to compensate employees on an hourly rate, provided such employees receive the equivalent of the minimum hourly wage and a "time-and-a-half" rate for hours exceeding 40 in a workweek, unless the employee is otherwise exempt with respect to that requirement. 

Several points for employees to keep in mind:

  • Employers are not allowed to pay employees a lump sum for overtime hours if the lump sum is not directly related to the number of overtime hours the employee worked, even if the amount paid is equal to or greater than the amount owed under the law.
  • Neither are employers allowed to pay employees a fixed salary for overtime hours
  • Of particularly importance is that overtime protections may not be waived. An employer who attempts to secure such a waiver from an employee or prospective employee is acting illegally. An employer may not secure an agreement with an employee that only 40 hours per week will be counted as working time, though employers may not permit overtime work or may require advance authorization for overtime work.

Employees who believe their employer has acted illegal with regard to overtime requirements should contact an experienced attorney to determine their legal options and for zealous advocacy of their rights. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

office location icon

Office Location

Sturm Law PLLC
712 Main Street Suite 900
Houston, TX 77002

Phone: 713-955-1800
Fax: 713-955-1078
Houston Law Office Map

phone number icon

Phone Numbers