Salary Rules And Overtime Pay In Texas

Many salaried employees are exempt from overtime pay, but the rules for exemption are complex. Employers know this, and many of them take advantage of employees by misclassifying them.

If you believe your overtime rights were violated because your employer misclassified you as salaried, contact Kennard Law, P.C. Our Houston employment law attorneys advise and represent employees in Texas and nationwide.

What Constitutes A Violation?

In Texas, for an employee to be exempt from overtime pay, the employee must be paid an annual salary of at least $23,660 — or $455 per week — and perform certain job duties that are recognized for overtime exemptions. Such high-level duties may include managerial or administrative work or outside sales.

In many cases, the employer will try to avoid paying overtime by classifying the employee as a salaried manager or supervisor when the employee does not actually perform managerial or supervisory duties. A job duties test can determine whether your employer has violated your overtime rights. If the test shows that you should not be exempt, your employer may owe you significant back pay for any overtime you have worked.

When An Employer Reclassifies You As Nonexempt

If your employer recently reclassified you as nonexempt and your job duties did not change, your employer may have violated your overtime rights by previously classifying you as salaried. The fact that your employer reclassified you without paying you back for overtime could be a clear indication that your employer willfully violated your overtime rights.

Lost overtime pay can quickly add up, and sometimes employees who were misclassified as salaried are owed thousands of dollars in back pay. Our attorneys know the overtime and salary rules, and we can help you get the full and fair compensation you are owed.

Contact A Knowledgeable Employment Lawyer

To discuss your case with a skilled and dedicated employment law attorney, contact us via email or by phone at 855-KENNLAW. With offices in Houston, El Paso, Harlingen, San Antonio, Austin and Washington, D.C., we are ready to help you.