What Are Texas Overtime Laws for Salaried Employees? By Dan Atkerson on September 07, 2021

employee in a meetingFederal and state employment laws set regulations that are meant to ensure a fair and safe work environment that is free of discrimination, harassment, and retaliation. Employment laws also set wage regulations, specifically in regards to minimum wage and overtime pay. Many employees believe that overtime pay only applies to hourly workers, but that is often not the case.

Under Texas overtime laws for salaried employees, many workers are due overtime pay for excess hours. Unpaid overtime lawyer Dan A. Atkerson has helped numerous workers in Allen, TX, Plano, TX, Frisco, TX, and surrounding areas file a claim for unpaid wages, so that they can collect the pay they have been denied.

Overtime Requirements

State and federal overtime laws state that hourly workers must be paid overtime wages for any hours that exceed eight hours in a single work day, or 40 hours in a single work week. Overtime pay should be paid at no less than one and a half times the employee’s regular rate of pay. Most people are aware of these requirements for hourly workers, but many salaried employees are unaware that they may also qualify for overtime wages.

Federal overtime laws and Texas overtime laws stipulate that salaried workers must be paid overtime pay for any hours worked beyond 40 in a work week. Salaried employees are exempt from overtime pay requirements only if two specific conditions are met:

  1. The employee’s salary exceeds $455 per workweek
  2. The employee performs duties that satisfy FLSA overtime exemptions

FLSA Exemptions

The Fair Labor Standards Act, or FLSA, outlines specific exemptions that may exclude certain workers from overtime pay regulations. Under section 13(a)(1) of the FLSA, individuals who are employed as bona fide executive, administrative, professional, or outside sales employees qualify for overtime exemptions. It is important to note that job titles alone do not satisfy this requirement; it depends on what duties are performed in the scope of employment. So if an employee works under the title of executive, but does not perform the duties outlined in detail by the FLSA, they are not exempt from overtime pay.

In addition to job duty requirements, there are salary basis requirements that must be met to qualify for the FLSA exemption. The FLSA states that exempt employees must be compensated on a salary basis of not less than $684 per week. Up to 10 percent of this salary basis can be met by bonuses and incentive payments (including commission), which may be paid on a yearly basis.

Filing a Claim for Unpaid Wages

Overtime exemption regulations are so specific that few people qualify. The Department of Labor estimates that around 86 percent of the American workforce (including salaried workers) are covered by overtime rules, meaning they can earn overtime pay. 

Employees who believe that they have been unlawfully denied overtime pay should file a claim for unpaid wages. Because overtime exemption laws are complex, and since most employers will deny that overtime pay was due, it is in a worker’s best interest to hire an unpaid overtime lawyer, like Dan A. Atkerson. Mr. Atkerson has a thorough understanding of federal and state overtime laws and is prepared to gather the evidence necessary to prove unpaid wage claims so that his clients can be justly compensated for the hours they have worked.

Get in Touch

Unpaid overtime lawyer Dan A. Atkerson would be happy to assist you in pursuing damages for denied overtime pay. To discuss the details of your situation and learn more about your legal options, contact our law firm online, or call (214) 383-3606 at your earliest convenience.

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas
  • Texas Supreme Court and all Texas trial and appellate courts 
  • Texas federal courts for the Northern and Eastern Districts of Texas
  • United States Court of Appeals for the Fifth Circuit
  • State Bar of Texas
  • Dallas Bar Association 

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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