You may be surprised to learn that may large and well-known companies have been wrongfully denying overtime pay to its employees. As an employee at a large company, it’s often difficult to get questions about pay rate and pay structures answered because the company’s hiring or human resources department never appear to have the time or, they simply do not provide complete answers. You work hard and you work your hours, do not allow big business to cheat you out of the pay that you have earned.
In Texas, Federal law determines when an employee is entitled to overtime pay, minimum wage, and minimum age requirements for employers and employees. The Fair Labor Standard Act (FLSA) identifies two classifications of employees for purpose of minimum wage and overtime purposes; exempt employees and non-exempt employees. Therefore, depending on how an employee is classified, whether exempt or non-exempt, determines whether an employee is entitled to overtime pay. Often times, it is this classification that leads to the confusion that an employee experiences when they are not getting the pay they are entitled to. More importantly though, some large big company employers deliberately miss-classify their employees in order to avoid overtime pay.
A nonexempt employee must be paid the minimum wage and overtime pay for any time worked beyond 40 hours in a given week. Most workers, particularly those working an hourly wage, are in fact non-exempt employees. Under the FLSA, all non-exempt employees are entitled to, what we commonly know as, time and a half pay. That would be your hourly rate plus one half for each hour worked beyond the base 40 hours. Employers often improperly classify non-exempt treated as exempt employees, and the "off-the-clock" hours go unrecorded and not compensated. If you believe that you fit the profile of a non-exempt employee and your employer has failed to compensate you for overtime hours, you may have a claim!
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If you believe that you that you have been wrongfully denied overtime payment for some significant period of time, contact the Sandoval & Waldman, PLLC and our attorneys will provide you the answers to any questions you may have about your potential case.