Can I sue my employer for not paying me overtime in Texas?

Yes, you can sue your employer for failing to pay overtime by filing a complaint with the U.S. Department of Labor’s Wage and Hour Division. An experienced employment law attorney can help you get the maximum amount of compensation in your wage claim.

Which type of employee must be paid overtime?

Federal and most state laws impose a weekly overtime standard, which means that nonexempt employees are entitled to overtime for every hour beyond 40 that they work in a workweek, regardless of how many hours they work in a day.

What is the Texas Payday law?

Under the Texas Payday Law, an executive, administrative, or professional employee under the Fair Labor Standards Act must be paid at least once per month, and all other employees must be paid at least twice per month. Unless determined otherwise by the employer, paydays fall on the first and fifteenth of the month.

What can you do if your employer doesn’t pay you in Texas?

If your employer has not paid you wages you are owed, you can file a wage claim with the Texas Employment Commission. There is an elaborate procedure of investigations and hearings described here. The form for filing a wage claim can be found here.

Who is exempt from overtime pay in Texas?

Who Is Exempt from Overtime in Texas? For an employee to be exempt from overtime pay, the employee must be paid an annual salary of at least $684 per week (since January 2020) — and perform certain job duties that are recognized as exempt such as executive, administrative, or professional roles.

Can an employer make you work overtime in Texas?

Employers are allowed to require employees to work overtime, but Texas overtime law requires the employer to pay appropriate overtime rates (usually time and a half). This means an employee will make 150\% of their hourly rate for every hour above 40 hours they choose to are required to work.

What is Texas law on overtime pay?

Texas’ Overtime Minimum Wage Overtime pay, also called “time and a half pay”, is one and a half times an employee’s normal hourly wage. Therefore, Texas’ overtime minimum wage is $10.88 per hour, one and a half times the regular Texas minimum wage of $7.25 per hour.

How many hours is overtime in Texas?

40 hours
In Texas, if an employee works over 40 hours per week, those excess hours are considered overtime.

How much do you get paid for overtime in Texas?

Texas’ Overtime Minimum Wage. Overtime pay, also called “time and a half pay”, is one and a half times an employee’s normal hourly wage. Therefore, Texas’ overtime minimum wage is $10.88 per hour, one and a half times the regular Texas minimum wage of $7.25 per hour.

Do you have to pay employees for working overtime?

They could also discipline you for breaking the rule against working overtime, but they must still pay you for the hours you worked. Simply put, so long as you are a nonexempt employee, your employer must pay you for EVERY minute you work, and pay you time and a half for every minute you work over 40 hours.

Is your job eligible for overtime protection in Texas?

If your job is eligible for overtime protection under Texas and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked.

Do nurses have to work overtime in Texas?

Additional labor laws in Texas set special overtime rules for medical nurses. Hospitals are not permitted to require a nurse to work mandatory overtime hours, although they can work overtime if they so choose. There are no limits on overtime worked by any other type of employee.