Garcia-Martin & Martin, P.C.

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Garcia-Martin & Martin, P.C.

If an employee meets all the criteria for exemption under one of the categories in the Fair Labor Standards Act, then that employee would not be entitled to receive overtime compensation. If an employee does not meet the criteria for exemption, then they should be compensated for any overtime hours they work.

My Employer Hasn’t Been Paying Me Time-And-A-Half While I Am Working Overtime. What Are My Options?

If an employer has not been paying an employee time-and-a-half for overtime hours, then that employee should create and maintain a written record of the days and the hours they work, as well as inform their employer that they are working more than 40 hours per week and are not being compensated accordingly. If the employer does not fix the situation and refuses to compensate that employee, then the employee should file a complaint with the Department of Labor or pursue a lawsuit through the use of a private lawyer.

My Employer Is Deducting Break Time Despite The Fact That I Don’t Have Time To Take Breaks. What Do I Do?

Many employers will enter automatic deductions for lunch breaks, even when an employee works through lunch and remains on the clock. If an employee works through their lunch break, they should be compensated for that time.

My Employer Doesn’t Pay Me For Overtime At All. What Are My Options?

An employee who is not being compensated for overtime despite providing proof to their employer that they have worked more than 40 hours in one week should ask their employer to correct the situation, and if that proves unsuccessful, then they should file a private lawsuit or file a complaint with the Department of Labor.

My Employer Doesn’t Give Pay Stubs Or Keep records Of Hours Worked. Are There Any Penalties For That?

Under the Fair Labor Standards Act, employers are required to keep a record of the hours their employees work. It is always advisable for employees to keep their own records as well, in the event that discrepancies or disagreements arise. While past cases have shown that an employee can testify based on their memory, this type of testimony is less reliable and not as believable by juries as is a written record.

If I Was Paid Incorrectly For Overtime At A Job Where I Don’t Work Anymore, Are There Any Time Limits For Doing Something About It?

There is a two-year statute of limitations for filing a claim with the Department of Labor regarding an employer’s failure to compensate for time worked. If an employee can prove that the violation was willful, then the statute of limitations may be extended to three years.

For more information on Overtime For Salaried Individuals In Texas, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.

Garcia-Martin & Martin, P.C.

Call For A Case Evaluation
(281) 277-3066