The Truth About Unpaid Overtime For Salaried Workers

Here in Texas and in many other parts of the country, it is commonly accepted and understood that if you are paid a salary, you are considered "exempt" and therefore are ineligible for overtime pay. This would seem to be such common knowledge that many people don't question it.

But the truth is not as straightforward. While it may be the case that employers can ask salaried employees to work overtime without overtime pay, it is not true in all cases. Salaried workers who are ineligible for overtime pay are referred to as exempt, while salaried workers who are eligible for overtime pay are referred to as non-exempt.

The determination of exempt vs. non-exempt is based on a number of factors, including:

  • How much your salaried pay rate is, and what it would equal in weekly pay
  • Whether you are classified as a manager/executive or a regular worker
  • Whether the classification of manager/executive is accurate based on your actual job duties
  • Whether your employer has a policy of docking pay when you arrive late or leave early (such as for a doctor's appointment)
  • Whether you have supervisory responsibility over other employees

Should You Be Getting Overtime Pay? Ask A Lawyer.

While the Fair Labor Standards Act and the Department of Labor provide guidance on salaried work and overtime pay, the determination isn't always clear-cut. If you suspect that you should be receiving overtime pay as a salaried worker, please discuss your case with an experienced employment law attorney like the ones at our firm.

If an investigation reveals that your employer has been violating wage and hour laws, you could be entitled to back pay and other damages. And your employer could be subjected to greater scrutiny and legal actions on behalf of other employees.

Contact Us Today For A Free Initial Consultation

Moreland Law Firm, P.C., serves clients in the Austin area and throughout Central Texas. We are pleased to offer free initial consultations to all prospective clients. To discuss your case for free with an experienced employment lawyer, call us at 512-782-2293. You can also send us an email.