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Straight Time Instead of Overtime? Sounds Fishy.

The Fair Labor Standards Act became a federal law in 1938. At its core, it requires two very simple things: (1) minimum wage; and (2) overtime pay equaling time and a half for all hours worked over 40 in a week. Simple right?

But nearly 80 years later, employers are still violating these two core tenets. Perhaps most blatantly, some employers pay "straight time" (an employees normal hourly rate) for all hours worked, even those over 40. For example, an employer's hourly rate is $20 per hour. Some employers pay the employee $20 per hour for all hours worked, not just their first forty hours in a week. By failing to pay that extra half time, the employer is shorting that employee wages they are due under federal law. And the truth is, this very likely violates the Fair Labor Standards Act.

Employers sometimes justify their failure to pay half time by pointing to your relatively high hourly rate (or by incorrectly calling it a "salary"). But this does not automatically mean employees do not receive overtime pay for employees' hours over 40. In fact, with very few exceptions, if an employee is paid by the hour, they are entitled to overtime pay regardless of their hourly rate.

If you or a loved one is paid straight time or all hours worked (even hours over 40 in a week), you may have a claim for double your lost wages. Contact the Moreland Law Firm online or call (512) 782-2293 for a free consultation.

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Austin Office
The Commissioners House at Heritage Square
2901 Bee Cave Road, Box L
Austin, TX 78746

Phone: 512-782-2293
Fax: 512-782-0605
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13590 Ranch Road 12
Wimberley, TX 78676

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