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Law Offices of Dan A. Atkerson

Are You Being Robbed of Overtime Pay?

By Dan Atkerson on July 06, 2016

overtime payMost employers are required by law to pay their employees an overtime wage for hours worked beyond the standard. Overtime pay is supposed to be 1.5 times the rate of normal pay, and start immediately after you have worked a full 40-hour workweek.

Which Employees Can Earn Overtime Pay?

There are a few exceptions to the overtime laws, which means that some employees are unable to earn overtime pay. To find out whether or not you are an “exempt” employee (unable to earn overtime pay), you must determine whether your employer is covered by the Fair Labor Standards Act or Texas overtime law.

An employer is generally covered by the FLSA if it earns $500,000 or more in sales every year, or the business conducts interstate commerce. A business doesn’t have to do much to be considered as conducting interstate commerce. For example, making business phones calls or sending mail across state lines is typically enough to qualify.

If your company is covered, then you have to find out whether or not you are an exempt employee. Everyone who works for a covered employer should be able to earn overtime pay except for the following:

  • Executive or administrative employees working on salary
  • Volunteer staff
  • Seasonal workers at amusement or recreational businesses
  • Independent contractors
There are a few more types of workers that may be considered exempt. For a complete list, speak with an experienced employment lawyer.

Dallas employment attorney Dan A. Atkerson is here to make sure that you get the unpaid overtime you are owed, and employers who violate overtime law get what they deserve.

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