Who Is Entitled To Overtime Pay Under Federal Law?

Any employee who works more than 40 hours in a work week, as long as they are classified as not being exempt, is entitled to overtime pay. There are many exemptions and each has different requirements, but in the U.S. 85-88% of the workforce are classified as non-exempt, meaning they would be entitled to overtime pay. It is only a very small number of employees who are not entitled to overtime pay under federal law.

Who Is Covered By The Fair Labor Standards Act?

Employers that fall into one of two categories are covered under The Fair Labor Standards Act. The first category is called Enterprise Coverage. As long as the employer has at least two employees and more than $500,000 in annual sales, and they are involved in interstate commerce, all of the employees of that employer would be covered under the act. Another way for an employee to get coverage under the act is what is called Individual Coverage. An employee is entitled to receive overtime compensation, as long as the work that they regularly perform involves interstate commerce. If that employee works for an employer who makes only $400,000 in sales annually, but that employee is involved in interstate commerce, then they would still be entitled to overtime pay.

Can My Employer Discharge Me If I Were To Sue For Unpaid Overtime Wages?

If it is found by the court that a firing was in retaliation for filing an overtime claim, the fired employee would have a claim for retaliation, which is an additional claim under the Fair Labor Standards Act. Most employers understand that a possible retaliation claim would only make a bad situation a much worse situation, and are not likely to terminate an employee who files a claim for overtime wages.

How Long Do I Actually Have To Bring An Overtime Payment Claim?

The statute requires that you file an overtime payment claim from the date of the first violation, and there is a two-year limitation period. Under the Fair Labor Standards Act, there is another provision that allows for a three-year statute of limitations, but in those situations, the employee has to prove that the employer’s conduct was willful. If you are dealing with an employer who has never been the subject of a claim before, it can be difficult to prove that their conduct was, indeed, willful.

For more information on Entitlement To Overtime Pay In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.